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3 1833 01786 2738 



GENEALOGY 
974.2 
N41, 
V.19 



PROVINCIAL PAPERS 



NEW HAMPSHIRE 



Including the Records of the president and Council, Janu 
ary i, 1679, T0 December 22, 1680; July 6 to September 
8, 1681 ; November 22, 1681, to August 21, 1682; Re- 
cords of the Governor and Council, October 4 
to October 14, 1682, Under the Successive 
Administrations of Cutt, Waldron, and 
Cranfield : Acts of the Assembly, 
August Session, 1699; Journals 
of the House of Represen- 
tatives, August 7, 1699, 
to October 4, 1701, and May 9, 171 1, to April 30, 
1722: Ancient Documents Relating to the 
Controversy over the Boundary 
Line between New Hampshire 
and Massachusetts. 



HISTORICAL NOTES, A CHRONOLOGICAL LIST OF BOUND- 
ARY LINE PAPERS, CONTEMPORARY MAPS, 
AND OTHER ILLUSTRATIONS. 



VOL. XIX. 
ALBERT STILLMAN BATCHELLOR. 

EDITOR. 



MANCHESTER, N. H. : 

JOHN B. CLARKE, PUBLIC PRINTER 
1891 . 



... ./ n„„„.„„,„ ,-, a ,,„, ,.„ „„ <— . 

: August .1, 1SS1. 



THE STATE OF NEW HAMPSHIRE. 
To Albert S. Batchellor, Esquire, Greeting: 
Know You, That we, reposing especial trust and confidence in your fidelity and ability, 
have constituted and appointed you Editor and Compiler of Early 
[l. s.] State and Provincial Records and other State Papers of New 

D. H, Goodell, Hampshire, hereby giving and granting unto you, the said Albert S. 
Governor. Batchellor, all the power and authority given and granted by the 
Constitution and Laws of our State to an Editor and Compiler of 
Early State and Provincial Records. To Have and to Hold the Said Office, With all 
the powers, privileges, and immunities to the same belonging, for the term of — years from 
the date hereof, provided you are of good behavior during said term. 

In Testimony Whereof, We have caused our seal to be hereunto affixed. 
Witness, David H. Goodell, Governor of our State, at Concord, this 9th day of October, 
in the year of our Lord one thousand eight hundred and ninety, and of the independence of 
the United States of America the one hundred and fifteenth. 
By the Governor, with advice of the Council. 

C. B. RANDLETT, 

Deputy Secretary of State. 

THE STATE OF NEW HAMPSHIRE. 

Grafton ss. October 27, 1S90. 

Then the said Albert S. Batchellor took and subscribed the oath of office as Editor and 
Compiler of Early State and Provincial Records and other State Papers of New Hampshire, 
as prescribed by law. 

Before us. 

HENRY W. BLAIR, \ Justices of the Peace, 
DANIEL BARNARD, j Quorum Unus. 

To A. S. Batchellor, Editor of State Papers : 

You are authorized to collect, arrange, transcribe, and superintend the publication of the 
New Hampshire Town Charters, as recommended in the section numbered one, in the Re- 
port of the Committee of the Governor and Council, submitted and adopted in May, 1S89, 
and the Journals of the Assembly, Provincial Congress, Legislature, and Councils of New 
Hampshire, previous to the year 1800, as recommended in the section numbered two in said 
report. 

You are also authorized to include in said work such rolls of the soldiers of New Hamp- 
shire in the French and Indian and Revolutionary wars as may be available, and which have 
not already been published in the volumes edited by Isaac W. Hammond, Esq. 



4 PROVINCIAL PAPERS. 

You will also cause such explanatory notes and citations, tables of contents and indexes, 
with such illustrative papers, maps, and plans as you may deem useful, to be prepared and 
made a part of your work. 

This I deem proper to be done, and I give these directions in accordance with the pro- 
visions of the joint resolution relating to the preservation and publication of portions of the 
early Mate and Provincial Records and other State Papers of New Hampshire, approved 
AugUSt •). iNM. 

Given under my hand at Concord this 16th day of October, A. D. 1S90. 

D. II. GOODELL, 

Governor. 

.1. S. i , Editor of State Papers: 

You are hereby authorized to arrange, transcribe, and superintend the publication of the 
Township Grants, Masonian Proprietary Papers, Boundary Line Documents and Plans con- 
tained in the collection of papers donated to the State by Robert Cutts Peirce of Portsmouth, 
the boundary Line Papers additional to those contained in the Peirce donation above men- 
tioned which have been transcribed from the Massachusetts archives for the use of this State, 
the Notes of Hazzen's Survey on the westerly part of the boundary line, as it was supposed 
to be between Massachusetts and New Hampshire, the Acts and Laws passed by the Gen- 
eral Court or Assembly of his Majesty's Province of New Hampshire in New England, 
begun . 1 held at Portsmouth on the seventh day of August, 1699, title, I . leaf, and pp. 
3-10, ai the Calendar of New Hampshire Papers in the English Archives already procured 
by the S e for the New Hampshire Historical Society. 

You wi also cause such explanatory notes and citations, tables of contents and indexes, 
with such illustrative papers, maps, and plans as you may deem useful, to be prepared and 
made a part of your work. 

This I deem proper to be done, and I give these directions in accordance with the provi- 
sions of the Joint Resolution relating to the preservation and publication of portions of the 
early State and Provincial Papers and other State Papers of New Hampshire, approved 
August 4, 1 881. 

Given under my hand at Concord, this thirteenth day of October, A. D. 1891. 

HIRAM A. TUTTLE, 

Governor. 



PREFACE. 



This volume is devoted to the presentation of such parts of the documentary 
history of the state as were not accessible at the time of the publication of its pre- 
decessors, or for other reasons were not given place in chronological order. The 
necessity for bringing his work to a conclusion within certain prescribed limits left 
Dr. Bouton, the editor of the first ten volumes, the choice between two courses, — 
to make extensive omissions of official and contemporary records having important 
narrative and illustrative uses, thus advancing his abstracts or selections from the 
body of the record over a much longer period, or to publish full and literal tran- 
scripts of al! important archives within his authority, with the imminent probability 
that he would never be permitted to enter upon such interesting epochs as the 
French and Indian War, the War for Independence, and the evolution of a perma- 
nent state government and federal constitution from colonial and revolutionary condi- 
tions. By adopting the latter course, he was able to present the outlines of the 
documentary history of New Hampshire in those periods, in such an accessible 
form, that, notwithstanding its admitted incompleteness in presenting the records 
of certain departments of government, it has taken high rank as an authority 
among historical works of reference. The great and deserved success of Dr. 
Bouton was an important inducement to the further prosecution of the work which 
was afterwards resumed by the state and wisely placed in charge of Mr. Isaac Ware 
Hammond. His labors were embodied in eight volumes. These were XL, XII., 
and XIII., in which the Town Papers, so called, were published in a convenient 
arrangement by which the documents relating especially to municipal concerns were 
classified by town titles and the town chapters given alphabetical sequence; XIV., 
XV., XVI., and a part of XVII., in which were published the rolls of the New 
Hampshire soldiers who served in any of the organizations recognized in the Rev- 
olutionary service, including those borne upon the rolls deposited in state offices, 
and on those preserved in Washington; and the remainder of XVII., and XVIII. , 
which were devoted to miscellaneous papers pertaining to our documentary history 
down to the year 1800. Some of the notable features of Mr. Hammond's service, 
as editor of these papers, were his thorough and comprehensive method of index- 
ing, his common-sense arrangement of material, and the conscientious industry and 
completeness with which he searched out and presented all the matter relating to 
his subject without elimination, suppression, or needless omission. His decease 



O PREFACE. 

occurred September 2S, 1S90, only three days after volume XVIII. , the last of the 
- which he edited, had been received and approved by the Governor and Coun- 
cil. The state had no more faithful servant, and her history has found no more 
devoted student than Mr. Hammond. His work is his monument. 

The continuation of the series has been again resumed on the plan outlined in 
the report of a Committee of the Executive Council which appears in the preface to 
Vol. XVIII. 

The larger part of the current volume is devoted to the documentary history of the 
controversy over the boundary line between New Hampshire and Massachusetts. 
Always important, these papers are of especial interest at this time owing to the re- 
cent action of the two states in renewing the attempt to effect a final settlement of 
the long standing dispute by the appointment of state commissions on either side 
and legislation tending to an examination and review of the issues in a spirit of 
comity. This material has been gathered from the state archives of Massachusetts 
and New Hampshire through a personal examination of the records in official and 
other depositories. 

In the Journals of the House of Representatives from 1699 t0 I 7° I an d from 171 1 
to 1722, heretofore unpublished, we believe we have presented an interesting and 
valuable contribution to the material through which the development of modern 
forms and methods of legislation and government must be traced. 

The recovery of the valuable pamphlet which contains the laws of New Hamp- 
shire passed at the session of August, 1699. sets back by seventeen years the point 
of interest which has been heretofore attached to the Russell edition of 1716, as 
the earliest printed copy of the laws of the province known to the student of legal 
antiquities. With the reproduction of the Journal of the House for the same pe- 
riod, which has already been mentioned, and the Journals of the Council, published 
in Dr. Bouton's Volumes II. and III., a full chapter of legislative proceedings at a 
very remote period is perfected. It is of interest to note that this fragment is the 
only portion of the records from 1679 to 171 1 which is complete in the four partic- 
ulars of a Council Record, Journal of the Council and Assembly, Journal of the 
House, and Session Laws. 

The reproduction of the earliest and the principal part of the official record of the 
first President and Council of the Province of New Hampshire from the archives of 
the Massachusetts Historical Society, followed by the opportune discovery and ad- 
dition of similar records covering important parts of the administrations of Presi- 
dent Waldron and Governor Cranfield, which have but recently been obtained from 
London, as elsewhere related, has yielded material which will hereafter be consid- 
ered indispensable in the investigation of the history of that period, and without 
which onl) the outlines of the narrative of the beginning of our provincial govern- 
ment could be drawn. The restoration of these documents to the state by tran- 
iion, after they have rem. lined for perhaps two hundred years undiscovered in 
the se< lusion of English official custody or in the historical collections of a neigh- 
boring state, may be taken as a stimulus to diligent search for other important sec- 
tions of New Hampshire official records which are somewhere awaiting the call to 



PREFACE. J 

" come forth." An article in Vol. 5, Collections of the N. H. Historical Society, 
page 18, is suggestive in explanation of the deficiencies of our early records. Un- 
doubtedly there remain great opportunities to be improved in the restoration of our 
lost and scattered official records and papers, or in the procurement of substantial 
copies which may serve the purpose of the originals for practical use and reference. 

The Calendar of Papers relating to New Hampshire in the English Archives, pre- 
pared for the New Hampshire Historical Society by Mr. B. F. Stevens, of London, 
will be included in a subsequent volume. It will indicate what papers in those rec- 
ords are in existence in London, to supplement those contained in our state collec- 
tions. Should the publication of such papers as are now accessible in Stevens's 
Fac-similes and in similar works, be carried back over the period of our provincial 
history, which is quite possible, the Calendar will become more than a mere infor- 
mant to those who do not have personal access to foreign records ; it will be an 
actual guide in the use of fac-similes and printed copies which all the great libra- 
ries of this country are securing. 

A chronological list of documents relating to the boundary line controversy will 
be found in the body of this volume, immediately following the part devoted to 
those papers. It includes all that have been printed on that subject in this volume 
and the preceding ones in the series. This list is designed to serve as a special 
aid to the student of that important subject in searching the contents of our state 
publications. 

It is a pleasure to acknowledge the cordial assistance offered by the executives of 
the state and all subordinate departments. A particular expression of personal ob- 
ligation is due to the Hon. Ezra S. Stearns, Secretary of State, whose advice has 
often been sought and wisely given ; whose accurate learning and excellent judg- 
ment have been a constant aid ; whose devotion to the duties of his office is untir- 
ing and whose courtesy is unfailing. 

Every accommodation which could be desired has also been afforded by the Hon. 
William M. Olin, Secretary of the Commonwealth of Massachusetts, in our pro- 
tracted examination of the early records in his office. We are under obligations to 
Dr. Samuel A. Green, of the Massachusetts Historical Society, Mr. Stone, the 
librarian of the Historical Society of Pennsylvania, and Prof. Francis N. Thorpe, 
of the University of Pennsylvania. 

The Editor. 



TABLE OF CONTENTS. 



pages. 

Journal of the House of Representatives, May 9, 171 1, to 

April 30, 1722 9-175 

Boundary Line Documents ...... 177-628 

Chronological List of Boundary Line Documents . . 629-646 

Proceedings of President and Council of New Hampshire, 

January 1, 1679, O. S., to October 14, 1682 . . . 647-691 

Laws of 1699 693-707 

Memoranda concerning Laws of 1699, by George H. Moore 709-713 
Journal of the House of Representatives, August 7, 1699, to 

October 4, 1701 715-740 



JOURNAL 



HOUSE OF REPRESENTATIVES 



PROVINCE OF NEW HAMPSHIRE, 



I7II-I722. 



I-I 



Minutes of the Representatives, 1711, 



on the 9th May Mett 

M r Speaker Gerrish 
N : Hill 
J : Smith 
Ja : Rendell 



sent 



Theo : Dudley 
Geo : Jaffry 
Step : Jones 
Epha : Marston 
Nickholas Gillman 



S : Keais 

Eze : Wentworth 

D : Tilton 
Theo : Atkinson 



His Excellency And Councell sent for the House And Delivered 
A Speech to the Speaker Viz : Gentellmen 

It Is y e useall season of your Mettinge for y e service And beneffit 
of y e province and I shall be glade to Consent to Any thinge for her 
Majesties service And your owen Defence and advantage 

I Hope y e Comitee of both Houses Left y e last sessions for y e 
Ajusting your acco 1 and Debts are Redey with thayer returnes soe y t 
all futuere Complaynts will be Taiken Away by y e payment of y e 
Arrears Debts soldiers and subsistance 

Wee ar sensible that ye Indians are Devided Into small parties and 
give us Trubell Every Whear In y e ffronttears ffor prevention of 

This Journal of the House of Representatives is contemporary with the Records of the Council, published 
in New Hampshire Province Papers, Vol. II., and the Journal of the Assembly, published in Vol. III., same 
series. The stars mark the beginning of a new page, and the numerals indicate the corresponding volume 
and page of the manuscript House Journals, as arranged by the late John Farmer, and now in the office of the 
Secretary of State. — Ed. 



10 PROVINCE OF NEW HAMPSHIRE. [i/I I 

which I have Latley strenthned y e province of Magn : with on hun- 
dred Musqueteears mor y n Thaier usual garrisons which are Mar- 
thinge I ame Informed y 1 severael of Her Majestes good Subjettes of 
this province Are willing to Marth as Volunters without subsistance 
or wages ffrom y e province if thay Mite have a Revvarde by y e heads 
granted them by y e Asembley which I recommend to your Consider- 
ation we being all sensabell how much more service is to be Expeted 
ffrom volunteres at all times Then from Men Impresd And Drawen 

Into y c servise. 
* 1-2 * I recommend to your Consideration The building A Howse 
for y 6 province and an almes House and Beidwell In this 
Towen for y e servis of The province Agreabell to what Is done In 
other Plases y e benefite of which for y e Honour of the Province the 
good goverment of y e pore as well as vitious peopel will soon Counter- 
vaile the Charg — 

I have heartofore Desined Which I now repeat that there may be 
A Com mite of both Howses to rivise the Laws of This province and 
Maik A faire Transcripte of Them fitt to be Humbly Laied beforher 
Majesty for her royls Alowence and Confirmation; which you may 
now Doe Soe as to have them redey to Be Transmited y e next retturn 
of oner ships ffor great Brittaine : 

I have directed M r Treasurer to Lay befor youy e stat of your acco 
he is now Entering Apon his tenth yeare since I have had y e Honour 
to Command hear and have past his acco ts home to her Majesty s Ex- 
chequer I am of opinion the Howse of representatives owe him 
Thayer vote of thanks for his Care In y e servise of y e province soe 
far Endinge with his : ninth years acco ts and to Desire his Care for y e 
future In suply of subsistance and Clothing of Any souldgers To be 
nessarely raised for y e Defence of her Majesty good subjects of this 
province as ned shall be I have brought with me Colo 1 Rednape her 
Majestys Engenear : to peruse y e works at y e fort and to report The 
nesseary repay ers which I shall Lay befor them — 

May 9 th The Howse Is Ajorned for two Howers : 

The house Returned According to Adjornm 1 present those in the 
Morning 

Perusing the Gov* Speech ordered that In Answear thereto the 
folowing be sent Up — Viz 
* 1-3 " May It please your lvxcellency 

Wee have Perused Your Excellencys Speech and Shall Con- 
sider the several! paragrafes therein And Doe Our Duety In An- 
swearing them 

9 May 171 1 by order of the house of Representatives 

Copie Sam 11 Keais Cler : 



171 I J JOURNAL OF THE HOUSE OF REPRESENTATIVES. U 

the Return of the Comitte being befor Us Wee find therein three 
Articles Refered to this house Viz : Muster Roles for Two Dayes 
.scouting 
Voted that the s d Muster Roles be paid 

Adjorned to the ioth Ins 1 nine of Clock 

May io th The Howse Mett at time and plas : Excepting M r georg : 
Jeffrys : Cap 1 gillman : Cap 1 gillman Came sone After : and allsoe 

M r Jeff ryes : 

the Return of the Comitte for Examining the Pro : D ts &c : being 

sent Is Approved of and Voted : the D ts Amounting to three thousand 

thousand Seventy five pounds 17 s & 05 d ,£3075 117:5 

* The Howse Is Ajorned for 2 howers. * 1-4 

Returned According to Adjornm 1 the Whole house 

May y e 10 The Howse Is Ajorned to tomorow 9 of y e Clock it Be- 
inge y e 1 i e Enstant 

May 11 th The Hows Mett acording to time and plas Excepting M r 

Atkinson and M r Georg Jffryes M r Jeffrys Came sone after 

The Howse Is Ajorned for 2 howers 

The Hows Mett according to Ajornment exceptin M r Atkinson 
May : 11 : The Howse Is Ajorned to to morow 9 of The Clock it 

beinge y e 12 Enstant 

May : 12 : The Howse Mett according to Ajornment Excepting Cap 1 
Gillman : — 
Capt Jn° Gilmans Muster Rool Examined and Allowed thereon 

Ditto for Soldiers Posted at Mad m Hillons Garrison 



both Dated the 23 d June, Examined & Allowed $ 4 " I0 " 5 

In Relation to the Peticion of M r Ffrench of Hampton this Day 
Presented — Ordered That the Select men of the Town of Hampton 
Repay the S d Jn° French two pounds thirteen shillings & i d out of 
their Town Rates, And that His Excellentcy be Desired to Order 
the Settlement of the Province Bounds. 

* Voted That Sam 1 Moor be Pay'd twelve shillings out of the * 1-5 
Treasury for the Cure of a Wound Rec d in y e Province Ser- 
vice in Sloop Speedwell. 

The Act for Preventing the Shooting Sea Goule out of Boats 
Canooes floats &c Read and Not allowed — 

Voted That the Stores Left in the Commissary's Hands be Compared 
& Examined p r his Acco 1 of the Port Royall Expedition 
The Bills of Credit of This Province haveing such a generall Cur- 
rentcy 



12 PROVINCE OF NEW HAMPSHIRE. [l7U 

Voted That the five per Cent : formerly allowed on the Paying it into 
the Treasury be taken of — 
Proposed that a Councill House and an Alms House be built and 

Voted The Contrary — 

Voted That One Thousand pound Prov : Bills now in the Treasury 
Be Repeated and Continued And that all the Bills of Credit of 
this Province Pass in all Publiqu Payments without the Advance 
of five p r Cent 

An Act for Preventing the forging an alltering y e Bills of Credit 
of This and the neighbouring Provinces. Passed — 

* 1-6 * The Act for Incouragement of Voluntiers against the 

Indian Rebells Passed. 
Voted That for every Indian Man Slayn in the Province Sixty pounds 

for every Woman thirty pounds and for every minor or Papoose 

fifteen pounds be Pay'd out of the Treasury. 

Haveing Considered the State of the Province and find money 
enough now in y e Treasury for Payment of all the Debts of the Prov- 
ince y* are Allowed of by the Generall Assembly 
Voted That His Excellentcy be Desired to Grant Orders for y e Pay- 
ment as allowed That the money may not be other way's applyed — - 

The House is Prorogued to Monday the 14 th Inst, at 12 a Clock — 

May 14 th The House Mett according to Prorogation all except Capt 
Nich Gilman & Theophilus Dudley Esq r 

The House sent for by his Excellentcy & Councill. And Signed 
three Acts, viz 1 for Incouragement of Voluntiers ; for Preventing 
Counterfitting Bills of Credit ; for Repeating one thousand pounds 
Bills of Credit 

* 1-7 * The House is Adjourned for two Hours — 

May 14 th The House mett according to Adjournment all ex- 
cept Dudley & Gilman — 

May 14 th Voted That the ffort William and Mary be forthwith Re- 
paired and that the Surveyor thereof Doe not Expend more than 
two Hundred pounds thereon includeing all manner of Charges as 
subsistance Materialls & Labour viz 1 : three shill pr Diem for every 
trades Man and two shill pr Diem for every Labourer. And that the 
Treasurer be Desired to Supply with subsistance therefor — 

p r the Assembly. 

Whereas there was an Act pass 1 sometime since that all vessells Ly- 
able to Pay Powder Duty should Pay it in Specie; — 



171 I] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 13 

Considering (by the Queens Bounty) there is a Considerable Quantity 
in the Magazine 

May 14 th Voted That Every Vessell Lyable to the Duty as p r that Act 
appears Doe for the time to Come Pay the said Duty in Money at 
two shill p r tun to the Treasurer for y e use of the Province — 

p r the Assembly — 

Sent up for Concurrence But not allowed of by the Govern r & 

Councill 
* house Adjorned to the 15 th 8 of Clock * 1-8 

May 15 Mett According to Adjournment present 



M r Speaker Smith 


Marston 


Hill 


Keais 


Tilton 


Jones 


Jaffrey 


Atkinson 
Wentworth 


Rendell 



Voted That a Committe be appoynted to Revise the Laws of this 
Province and Drawing up such Others as may be thought proper to 
present to his Excellentcy at the next siting of y e Generall Assem- 
bly. 
14 th May by Order of the House of Representatives 
Voted That Joseph Smith Theodore Attkinson & Geo : Jaffrey be a 
Committe to Joyne with y e Committe of y e Councill to Revise and 
Collect a Body of Laws — 

The House sent for by his Excellency And prorouged to the twelvth 
of Sep* next 

By order of His Excellency the House of Representatives Were 
ordered to Meet on the 14 th June 171 1 Att Which time the 
Hon ble John Usher Esq r L* Gov r and * Councill sent for the * 1-9 
House Att w ch time the Whole house Were present Except 
m r Ez : Wentworth And Reed his hon rs Speech With his Excellency s 
Leter And had Copie of his Excellency 8 Instructions Read to Us Re- 
lateing to the Reduceing Kanady & Newfoundland. 

Copy of Govern" Leter 
Gentlemen Boston 9 th June 171 1 

I herewith send you Copy of Her Majesties Instructions to my 
Selfe Refering to the Expedition to Canada which I Desire you to 
keep Secret yet 

You haveallso enclosed an Embargo in Obedianceto her Majesties 
S d Instructions which you must presently publish and acquaint y e ffort 
& Officers of the Customs with & see it observed 



14 PROVINCE OF NEW HAMPSHIRE. [171! 

And I Doc further Direct you to call the Assembly the Proroga- 
tion notwithstanding to sit on thirsday next and acquaint them with 
the said Instructions & let them be read in their house — and let 
them know that the vast forse that is comeing and the whole expedi- 
tion is in answer to their repeated Addresses and is the last Effort of 
these Goverments and by the ffavour of God will end in our Security 
and Establishment and therefore that I Desire and Expect their Unan- 
imous vote 

That there be a Number of Men not Exceeding one hundred with 
Officers raysed for the service of the Expedition — 

That the Treasurer provide three months Provisions, Transports & 
other necessarys for y e s d men that the Assembly will at their next 
Session take Care for y e Payment of y e Wadges & Subsistance and 

other Charges of y e said forses — 
* 1- 10 * These Votes will be chearfully Agreed by the Representa- 
tives I Doubt not, thank them and Dismiss them to the Pro- 
rogation and Express the Votes to me — 

The Whole ffleet Consists of Ten ffrigats and eight Battalions of 
foot, Cannon, stores, Arms & Cloths for ally e soldiers which will save 
a great part of y e Charge Maj r Plaisted brings this and will acquaint 
you any thing Necessary. Let us be Private in y e Affair as Long as 
we can least it goe to Quebeck or Placentia with my Service to the 
Speaker and Gentlemen of y e Assembly. I am Gentlemen 

Y or Very Humble Serv* 

J Dudley — 

Jun y e 15 The Hows Is Ajorned to to Morow ioof y e Clock it beinge 

y e 15 th Enstant : 
Gentlemen — 

Her most gracious majesty haveing sent his Exelency general Fran- 
cis Nicholson Esqu re with forces for Reducing of Canada and New- 
found Land It is Expected that the Goverment in these parts give there 
redy Assistance by raising of Souldiers to Joyn in Conjunction with 
y° Queens foreces to whom god grant Success and Victory the Happy 
fruits of which will tend to y e Safety wealth and Prosperity of these 
Her Majesties Dominions and Plantations and more Peculier to this 
Her majesties Goverment that for many years have been Insulted 
waisted & Consumed by a Crewel Barbarous and Perfidious Enemy. 

By his Exelency the Governours Precept you are here called to- 
gether for raising your Quota of men Providing Transports and Pro- 
visions &c : for carrying on the above Expedition. 
*i-ii * Her Majesties Service requireing his Exelency the gov- 
erno™ Precence : at the Congres Remote from his Goverments 



I/Il] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 15 

to Consult in this great Designe. / I am therefore come to Expidite 
matters of so great an Importance. / 

Gentlemen — 

You Addressd her most gracious majesty in October Last that she 
would be graciously Pleased to Send Shipps of war and foreces for 
the Reducing of Quebeck, &c : upon which Address from your Selves 
and others from our neighboring Goverments Generall Nicholson is 
now sent as before mentioned whose conduct Courage and Prudence 
is well Known to us all in the reducing of Port Royall (now Annopo- 
lis Royall) Last year which If Pleas god to give him the Same Happy 
Success in the Reducing of Canada it will be of great Advantage to 
us and our Posteryties hereafter / 

I do not in the Least Doubt of your ready Compliance with the 
Queens Expectations from you and your Proocedings to be Such as 
will Demonstrate you Her majesties most Dutifull and Loyal! Sub- 
jects in your Dispatches. / 

Her majestie is at great Expence and charge in this Affaire and 
hath sent Cloathing, &c : for our Souldiers and many Presants of val- 
lue to our friend Indians the Mawhauks./ &c : — 

His Exelencyes the Governours Expectations and Pleasure is that 
all other Buisness be Laid Aside and only with all Chearfullness to 
forward so good A Designe for y e Reducing the Common Enemy pur- 
suant to Her majesties Expections and that Care be Taken for mony 
to be raised at the next Sitting of this Generall Assembly for Pay- 
mentt of Souldiers Transports Sailors &c : and for all preasant Ex- 
pences and charge upon the Said Expedition./ 

* I shall contribute what I can for Her majesties Service and * 1-12 
good of Her majesties Province and hope you will Speedily 
Determine what is recomended to you./ John Usher 

Copy Gov rs Letter 

Gentlemen Boston 11 th June 171 1 

There is a Congress of y e Govern r of Her Maje ts Provinces in Con- 
necticut. I Desire You to Appoynt two Persons one of y e Councill & 
one Commoner from y e House of Representatives to Attend y e Ser- 
vice of y e Province of N Hampshire to attend me thither and let them 
be at my House on thirsday y e 14 th Inst, and if I be Proseeded to fol- 
low me — or Y Humb Serv* 
To M r Secretary Story to be Communicated to the Councill & House 

of Representatives sitting — 
15 the House Mett According to Adjornment Present the Same As 



i6 province of xr:\v Hampshire. [171 1 

on the 14 All Except M r Wentworth — M r Wentworth came sone 
after 

M r Secretary Story Shewed us his Excellencys Lett 1 " of y e 11 th Inst 
Relateingto one Member of this House Attending him to Connect- 
icut to the Congress There, and the Day appointed to be at his 
House being past already and Considering therein He said If he 
was proceeded they were to follow 

We Think it very unlikely if not Impossible for any person to be of 
Service. 
: ' x 1 — 13 We have his Excellency's Letter and * Your Hon rs Speacli 
under Consideration and shall Endeavour the Queens & Prov- 
ince Service therein With all Expedition 
171 1 June 15 Voted by the House of Representatives 

Sam 1 Keis Clericus 
May it please y or Hon r 

We haveing Considered His Excellency's Letter and Y or Hon rs 
Speach In which we find that the Direction is to Raise men not ex- 
ceeding one Hundred, and in one part of y e Govern 1 ' 3 Instructions 
We observe the Quota of N. England is one thousand men We hum 
think our Quota of that is not Eighty men But being senceable of y e 
Great Advantage it may be 

Voted That there be Provisions &c with one good ship for a Transport 
not exceeding one hundred & twenty tonns. for eighty men include- 
ing Officers & Saylors for the Reducing Canada &c. according to 
his Excellencys Letter. And That the Treasurer be Desired to Pro- 
cure the Same for three Months time and that a Proclamation for 
Incouragement of Voluntiers be Issued ; for Payment Whereof We 
Promise to make Provision at the next Sitting of This House. 
171 1 June 15 th p r Order of y e House of Representatives 

Copie Sam 1 Keais Cle r 

This Vote Not passing the Gov: Councell Another as Copie on 
other side 
* 1 — 14 'The House Adjorned for two hours 

The Whole house Mett According to Adjornment 
June y e 15 th The Hows Is Ajorned to y e 16 th 9 of y e Clock 

Jun [6 tb The Howse Mett according to y e Above Ajornment Except- 
ing Cap 1 (Tillman 

We haveing Considered His Excellency's Letter and y or Hon rs 
Speach in Which We find that the Directions is to Raise men not ex- 
ceeding cue hundred, and in one part of Her Majes ts Instructions to 
his Excellentcy we observe the Quota Demanded from N. England is 



171 i] JOURNAL OF THE HOUSE OF REPRESENTATIVES. IJ 

one thousand men, We Humbly Conceive that our proportion thereof 
is not more than Eighty men But being senceable of y e Great advan- 
tage the Sucksess of this Expedition may be 

Voted That there be Raised Ninty men includeing Officers & Saylors 
for y e Service of y e fteent Expedition for Reducing Canada &c anp 
that the Treasurer provide a suitable Transport Ship not exceeding 
one hundred & thirty tunns and three Months provisions and all 
other necessary's for said Expedition (Improveing the Stores Left 
in his Custody of y e last years Expedition) 

For Payment Whereof We Promise to make Provision at y e Next 
Sitting of this House 
171 1 June 16 th Passed y e House of Representatives 

p r Sam 1 Keais Cl r 

* June 16 th * 1— 1 5 
12 a Clock The House is adjourned to four a Clock in y e af- 
ternoon 

4 : a Clock The House Mett according to Adjournment and all ap- 
peared as before — Except Captayn Gilman : 
The House is Adjourned to Monday y e 18 th Inst. 2 a Clock afternoon 

June 18 th The House Mett all except M r Atkinson Maj r Smith & M r 

Wentworth M r Atkinson Came son after and allsoe Major Smith 

and M r Wentworth 
The L* Gov : sent for the House and Informed them of A leter Which 

Was Read to the house that he Expected one hundred Men — 
Ajorned by the Speaker Untill four of Clock 
Jun 18 The Howse Mett according to y e Above Ajornmen* Exceptine 

Cap 4 gillman : 
The House Is Ajorned to tomorow 10 of The Clock : it being y e 19 th 

Enstant — 

Jun 19 The Howse Mett Excepting Atkinson : gillman Jeffrys Major : 
Smith and Cap 1 Hill and Randell : M r Atkinson and M r Randall 
Came somtime After : — 

The Howse is Ajorned for 2 howers 

The Hows Mett Excepting M r Jeffreys gilman : dudly M r Jefrys 

Cam somtime after : — 

* June 19 th The House Adjourned to the 20 th Inst ten a * 1-16 
Clock — 

June 20 The Hows Mett according To Ajornment Exceptin Cap 1 gill- 
man Major Smith : M r Jeffrys : and He Cam sone after 
The House Adjourned to two of the Clock afternoon 



1 8 PROVINCE OF NEW HAMPSHIRE. [171 1 

The Howse Mett Excepting smith : Jeffryesgillman M r Jeffrys Came 
sone after 

May it Please Y or Hon r 

We have waited Long in Expectation of Receiveing an Answer 
from his Excellency to our Vote of y e 16 th Inst, for Raiseing & Sub- 
sisting Ninty men includeing officers & Sayl rs . In Hopes that his Ex- 
cellentcy would accept of said Vote But seing the express is Returned 
and no Answer to Our said Vote And Considering the Quota ex- 
spected viz 1 One Hundred Men Includeing Officers &c with three 
months Provisions as p r our said Vote Exprest May Advance the Ser- 
vice of y e Expedition 
Voted That there be Aded ten men with subsistance &c to the Ninty 

voted for ut Supra 
20 th June p r Order of y e House of Representatives 

Sam 1 Keais Clere s 
* 1 — 1 7 * June 20 th The House is Prorogued to the 12 th of Septemb r 

next — 
Memorandum That one y e 3 d of July 171 1 Major Smith Epher- 
my Mastons M r Daniell Tilton had ther Debentors for all Their 
servis one y e Assembly from October y e 23 17 10 to June y e 20 th 
171 1 : smith 29 days Maston 32 days Tillton 27 clays : allsoe Cap* 
Hill and M r wentworth and steven Jones had thay r debentues at 
sam time as above 

July 6 th 171 1 By An order from his Excellency Joseph Dud- 
ley Esq r The Assembly Was Called then present M r Speaker Hill 
Wentworth Rendell Keais Tilton Marston Atkinson Smith Jeffrey 

Copie of the j 
Gov : Leter \ 

S r your subsistence for your hundred men Must be for 126 Dayes 
besides their subsistence on Shoar before their Departure Equal to the 
Massachusets And the Agrenr* of the Congress of the Govern 1 

Boston July 2 d 171 1 Your Serv* J Dudley 

To M r Secretary Story to be Comunicated 

Iet1 the Assembly Sittone Day Upon this Article of Victuals. And 
I Desire the Wages of men And Hyre of Ships to be As In the 
Massachusets 
* 1 — 1 S * 171 1 July 6 th Wheras there was a Vote of this House of 
y e 16 th & 20 th Ulti° for Provideing Provisions &c for Subsist- 
ing one hundred men three Months But fearing that not sufficiant 
Voted That in Lieu of y e three months Provisions there be provided 
One hundred & twenty six Days provissions for one hundred Men 



171 i] JOURNAL OF THE HOUSE OF REPRESENTATIVES. IC> 

and that the Transport Vessells be allowed Eight shillings a Tun ^ 

month 
July 6 th Passed y e House of Representatives Sam 1 Keais Cl er 

Considering there was Large Incouragement Offered by this House 
to Voluntiers that would inlist for y e Service of the Expedition to 
Canada and None Appearing thereon and that those Impress d for the 
S d Service have had Large Incouragem* from their Cap ts & Neighb rs 
w ch with y e Que'ns Bounty & Stated Pay we think Sufficiant. 
Voted That there be Nothing Ad'ed to the Pay of Officers or Soldiers. 
July 6 th p m Pass d y e House Sam 1 Keais Cler s 

The House sent for by the Councill And prorouged Untill the 12 th of 
Sep* According to the former prorogation 

* July 22 d These of y e House Mett by vertue of An express * 1-19 
from his Excellency to M r Story : vid : speacker M r Went- 

worth Cap Hill Major Smith M r Tilton Mastines y e Clark : Mas r 

Jeffries : 
Voted That an Address of Thanks be sent to Her Majesty as ffol- 

lows : — 

To the Queens most Exelency majesty 

The Humble Address of the governour Councell and Assembly of 
your majestys Province of new hampshire in New england. convend 
in generall Assembly y e 22 d of : July : 171 1 — 

We Crave Leave humbly to prosterate our Selves at your Majestys 
Royall feet with all Humble and Dutifull Acknowlegements of High- 
est gratitude for the Expressions of your majestys most compassion- 
ate Tender regard to the prosperity of your good Subjects in these 
your majestys northern Plantations of America throughout the Cource 
of your majestys glorious reign particularly for the Signall Instance 
of your majestys Royall favour in the gracious Acceptance of our 
Late Humble Addresses for obtaining an Expedition to be made for 
the Reducing of Canada and freeings from those grievioues Oppres- 
sions which we have Long Laboured under by the french of that coun- 
try and the Salvages in their Interests into near neighbourhood to us 
and that your Majesty hath been Pleased to Command the Service of 
Such numbers of your skilfull Experienced Officers and Choice Troops 
with so conciderable a Squadron of your majestys Ships of Warr in 
this Important Affair and to Commit the conduct thereof to his Ex- 
elency 5 Brigadier Hill appointed by your majesty commander 
in Chief and the honourable S r Hovenden Walker * Admirall * 1-20 
of your majestys Squdron who Happily Arrived att Boston 
on the 24 th of June past with as Speedy a Passage as could be Ex- 
pected and the forces both of the Land and Seapart in good State of 



20 PROVINCE OF NEW HAMPSHIRE. [i/II 

Health the acco* of which is Joyfull to us. The Preparations for the 
Part of this frontier goverment in Obediance to your majestys com- 
mands for the Expedition by the Hand of the Hounorable Colon : 
Nicholson : are carryed on with such Application in raising the Troops 
of this province and Transports to Joyn your Majestys Squadron are 
on this Day Perfect and we render our most Humble Thanks to your 
Sacred majesty for the Cloaths Arms and other Acuterments for war 
of your Roy all Bounty Directed for the Benifit of your Majestys 
Troops Leived within these your majestys goverment./ 

May almighty God on whom your majestys Dependance is placed 
be Graciously pleaced to smile upon this noble Important undertaking 
and grant Success thereto in Subduing of Canada to your Majestys 
Obediance it will be a Glorious Aquisition to your Imperial Crown of 
great Brittain and of unpendable benifit and Advantage to the whole 
British Empire — may god be also graciously Pleased to precerve your 
majestys Sacred person Long continue your Life and reign and pros- 
per your majestys just arms every ware for the abaiting of the pride 
of the great oppressor of Europe and that your majesty may be In- 
strumentall under god to bring forward a Speedy Happy Lasting 
Peace is and shall be the Daily fervent prayers of : Madam your 
majestys Loyall Dutifull and Thankf till Though Destressed Subjects : 

July the 22 d past by the House of Representatives 

Sam 11 Keais Clerk 

* 1-2 1 * Province of "I 

New Hampshr J Att a Meeting of the General Assembly 
held at Portsmouth on Monday the 30 th of July 171 1 : Pursuant to his 
Excell>' 

July 30 th the Governours Letter Dated Boston the 27 th July 171 1 : 
Directed to M r Secretary Story to be Comunicated 

present — 

The Howse Mett Exceptinge Theophi : Dudley James Rendell & 
Stephen Jones 

M r Secretary Story Brought The leter from his Excellency of the 
27 th Ins 1 to be Comunicated Viz: 

Copia 
Gentlemen Boston July 27 th 171 1 

We have the News from the french Prize Lately brought in to this 
Place y l there is a great fleet from france Likely to make theire Im- 
pression upon this Coast and they may as Easily Look into your river 
as any other place — I have had concideration of your Posture & 
Judge it necessary y l the fort be Strengthend with fpurty men and 



171 1] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 21 

y e half of y e milittia Drawn up and made ready for a march from 
Hampton Exeter & Dover to y e Bank & Newcastle at a minuits warn- 
ing & Desire you to send for major Smith : and agree the matter to 
be made ready if you have any thing elce or farther to offer : I desire 
you to write by the Post or Express as you see meet : and to come in 
at the first sight of any fleet to give you notice I allow you to see the 
Assembly and Acequaint them with this Letter to make provision 
for the accordingly I am your Humble Servant 

J Dudley 
To the gentlemen of her majesties councell Newhampshire 

* Voted in Councell * 1-22 
That Pursuant to His Exelencys the Governours Letter 
Dated the 27 th Currant Advising the Danger of the french fleet De- 
signed to visitt this Court that there Majestys fort W m and Mary with 
so many souldiers as those already Detached for that Service Shall 
make the number of fourty to be raised out of the Severall companys 
of militia in this Province in Equall proportion and that a Spy boat or 
Two be Kept out a Crucing at sea between Cape Ann and richmonds 
Island to Discover and give notice of the Approach of any fleet or 
Shipps to the number of five and that the Treasurer be forthwith 
Directed to provide nessesary Subsistance which by Virtue of this 
Vote we promise in Due season to Ennable him to do as well as to 
pay the other Charges Arrising Hereby. 

30 th July 171 1 past by the Councell Cha : Story Secretary 

Past by the House of Representatives Sam 11 Keais Clerk — 

* The house Is Prorouged According to the former prorouga- * 1-23 
tion the 12 th of September 

Sept r 12 th 171 1 The house met according to Prorogation 

f sent M r Speaker Cap 1 Hill M r Maston M r Randall Geo Jaffrey & 
y e Clark w th M r Atkinson 

Sept r 12 : The House Adjourned to y e 13 th Inst 3 a clock afternoon 

Sept r 13 th Mett according to adjournment ffsent 

M r Speaker Theo : Atkinson 

Cap 1 Hill Geo : Jaffrey 

Ezek 1 Wentworth & y e Clark — 

Copy of y e Govern 18 Letter — 

S r I shall either be with you on thirsday next in y e evening or on 
Tuesday the 18 th Inst, if God Please — 

I am Y or Hum le Serv* J Dudley 



22 PROVINCE OF NEW HAMPSHIRE. [171 1 

Let y e Assembly be Adjourned to that Day if I come not on thirs- 
day next. — 

Boston 1 o Lh yb r To Secretary Story 

Sept 1 " 13 th The House Adjourned to y e 14 th Inst. 9 a Clock in y e morn- 
ing. 

* 1-24 * 171 1 Sept 1 14 th The House Mett ^sent 

M r Speaker Theod r Atkinson 

Ezek 1 Wentworth James Rendall 

Nath 1 Hill Geo : Jaffrey 

Dan 1 Tilton & y e Clark — 

Sent for by His Excellency who made y e following Speach viz 1 

Copia 
Gentlemen Septemb r 14 th 171 1 

Since I saw you in may Last her Majesties ffleet & forses have 
happily arrived and ben joyned with y e forses of this and the Other 
Provinces in Obediance to Her Majesties Command, and are pro- 
ceeded towards Ouebeck and Other places in Possession of y e Enemy 
and from whom we hope by the ffavour of Almighty God to Receive 
a Good Account of their proceedings and sucksess 

That which Imports us is so far to be ready for their Return as to 
make provission for the just Payment of y e Subsistance & Wadges 
Due to our Quota, and that you may Enable the Treasury I have Di- 
rected y e Treasurer to lay before you an Estimate of y e Charge, 
which tho it cannot be exact will well enough put y e Representatives 
into the just Consideration of w* is necessary and which I have no 
Doubt you will now provide for. 

I have bin a little more early this Session than Usuall that the 
Treasurer may be ready for the Return of your forses and that y e 
Soldiers may not be Oblidged to make any long attendance for their 
payment which will increase y e Charge 

* 1-25 The Expedition of a ffrench ffleet upon the Coast * this Sum- 

mer Oblidged me to Strengthen the ffort With forty men 
the one halfe whereof I have lately Discharged, and shall soon re- 
duce the rest to Your winter Posture — 

The Ordinary Impost & Excise is near Expireing and may be a 
Loss to the Revenue if it be not at this time Revived as is usuall — 

I shall be Glad of Your good Agreement in every thing and shall 
not be wanting in any thing in my power to put forward Her Majes- 
ties Service and the Benefitt of all Her Good Subjects Depending 
upon this Government. J Dudley 

Ajorned for Two hours 



lyil] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 23 

Sept r 14 th mett ^sent 

M r Speaker Dan 1 Tilton 
M r Atkinson Eph ra Maston 

Maj r Smith James Randall 

Cap 1 Hill Geo : Jaffrey 

M r Wentworth the Clark 

Copy of y e Memorial of Theodore Atkinson Esq r — 

May it Please y or Excellency — 

According to y or Excellency's Directions I have Caused a House 
to be built for Covering the Carriages &c. at Her Maj ts ffort W m & 
Mary. And with the Mast r Carpenter viewed What other things 
were Necessary to be Done there. We found the Platforms Defec- 
tive in Many places which for the present are mended but in a Little 
time must be new planked. We find the Carriages of y e 
Gunns very Rotton ; The Powder house will want * Caseing * 1-26 
before the Snow Which with some Other Repairs is Humbly 
Observed as Absolutely Necessary to be Repaired forthwith Y or Ex- 
cellys Humb & Obediant Servant Theo : Atkinson 

Read at the Councill Board. 

Upon the Representation abovesaid Ordered That Jn° Plaisted & 
Marke Hunkings Esq rs be a Committe to joyn with two of y e Com- 
mitte of the House of Representatives forthwith to Repair to Her 
Majesties ffort W m & Mary, and make Report of what the Charge of 
such Repairations in the Representation Mentioned will Amount to. 

Cha : Story Secretary 

Voted That M r James Rendall and Geo : Jaffrey be of the Committe 
for this House to Joyne with the Committee for the Above Service 

Sam 1 Keais Clericus 

Sep tr 14 th The House Adjourned to y e 15 th Inst 8 a Clock in y e 
morning. 

Sep 1 15 th Hows Mett Acording To y e Above preyrogation Except- 
inge M r Jones Dudley : and Cap 1 gillman Cap 1 gillman Came sone 
after : 

Copy of y e Committe's Return 

Prov : N : Hampsh r 

Pursuant to the within Vote We have bin at Her Maj ls Fort W m 
& Mary & Viewed the Carriages &c and ffind twenty two Wheals 



24 PROVINCE OF NEW HAMPSHIRE. [l7H 

Rotton one Carriage p* and all the Axelloes ; We are of opinion that 
it is Necessary to have v c Powder house Clapborded. The Charges 
of Renewing y c Carriages & of all other Repairs may am" to fifty 
pounds Humb e submitted ^ Jn° Plaisted 

Mark H unking 
Geo : Jaffrey 
James Rendell 

* 1-27 * Sept 1 ' 15 th 171 1 Read in Councill and the Return of y e 
Committe is Allowed and Approved of. And the said Com- 
mute is appoynted to take Care and proceed in the Repairs of y e 
Severall Articles so as to be finished by March next and the 
Treasurer Supply the Charges Thereof — Cha : Story Secretary 
Consented to by the House of Representatives 

Sam 1 Keias Clark — 

Sep 1 15 The House Adjourned to the 17 th Inst Nine a Clock in y e 
morning — 

Sep 1 16 The house mett according to Adjorment Excepting Atkin- 
son Smith Jeffrys Dudley and he Came sone after — 
The house adjorned for two hours 
Mett according to Adjornment & all ^sent — 

May it pleas your Hono rs 

We have Perused and concidered his Exelencys Speach / we find 
by our votes that we promised to Reimburst the Treasurer for Sun- 
dry s which according to his Estimate we think to be about eight 
Hundred pounds and the other claims from M r Tresurer and other 
people that may have Just Demands Due being yet to us Uncertain./ 
Voted — That the Thousand pounds coming into the Treasury in 

Dccemb r next be repeated for the payment of Such promises and 

Debts as shall be allowed by the com tee & Approved of by the 

* 1-28 General] Assembly and the rest of Debts So allowed * We 

promis to make provision for payment of Att our next Ses- 

soin at which time we hope care may be taken for the comitte to 

make there return./ 

Scp r 17 th 171 1 Sent for by the Upper House and Prorouged to thirs- 
day the 1 8 th of Octob 1 ' next, 10 a Clock in y e morning — 

Octob r 8 th By an Order from his Excellency y e Govern 1 the House 
met \'sent 

M r Speaker M r Tilton M r Marston 

M r Atkinson Cap 1 Hill Geo : Jaffrey 

M r Wentworth Cap 1 Dudley & y e Clarke. 

Cap 1 Gilman M r Rendall 



171 i] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 25 

Sent for by the Councill who gave the ffollowing Speach from y e 
Govern 1- viz 1 



^ ™ rc / c 1 > Gentlemen 
Govern rs Speach J 



The great Hurry of Affairs Refering to y e forces in y e Late Expe- 
dition and the Disposition of Affairs of Her Majesties forces Depend- 
ing thereupon will not admitt of my Seeing of you at this 
time, And the* Expiration of y e Act for y e Excise & Impost * 1-29 
being within a few days and y e forces Returning and justly 
expecting their Payment has moved me to Direct your Session at 
this time. 

I suppose there can be no Doubt of y e Continuance of y e Act of the 
Excise and Impost which is allways a branch of y e Revenue in all her 
Majesties Dominions and Plantations and we have much more need 
of it at this time of So great Expences than at any time heretofore. 

And if there be any other Act can be brought in to Save y e Land 
tax I Shall be allways ready to Doe my Duty to Her Majesty's Rev- 
enue and Justice to y e Province for y e Payment of their Debts. 

I must Desire you to Enable y e Treasury by repeating and further 
Impressing so many Bills if you Chuse that way as will Pay y e Prov- 
ince Debts which must be done by an Act granting so much as is so 
raised to Her Majesty for a fund for the same Least we Disparage 
Our Bills so as they should Loose their Currency and the Governm 4 
their Credit 

I Pray You to Pass thro these articles in two or three Day's and I 
have then Directed a further prorogation to be then Declared. 

Read Octob r the 8 th 171 1. J Dudley 

The House Adjourned to 9 a Clock y e 9 th Instant. 
Octob r 6 th Met according to Adjournment ^sent 

M r Speaker M r Wentworth Cap 1 Gilman 

Cap 1 Dudley M r Atkinson Geo : Jaffrey 

M r Rendall Eph ra Maston Sam 1 Keis — 

M r Tilton Cap 1 Hill 

* 171 1 Octob r 9 th Considering the Season of y e Year is so * 1-30 
ar advanced as that an Invasion from the ffrench may not 

probably be expected this ffall 
Voted that his Excellency y e Gov r be Desired forthwith to Reduce y e 

Number of soldiers at Fort William & Mary to the Winter posture 

according to his Excellency's Speach of y e 19 th Sept r 171 1 
Copia Sam 11 Keais Cler 

Oct r 9 th Past y e House — 

The House Is Adjorned for two howers 
3 



26 PROVINCE OF NEW HAMPSHIRE. [l7H 

The House Mett According to Adjornm 1 All present As in the 

Morning — 

Voted that two thousand pounds In Bills of C r be Impressd And 
Signed by the Comitte : And Applyed for payment of such D ts As 
shall be Allowed by the Comitte for Auditing the province D ts &c : 
And Approved of by the Gen 11 Assembly; and that A Comitte be 
Appointed for Drawing An Act Accordingly 

Copie Sam 11 Keais Cler : 

Oct y e 9/1 71 1 past the house 

Voted that the Act for Excise within this Province be Continued for 
one year from the expiration of y e former Act 
Oob r 9 th 171 1 ctPast y c House 

* 1-3 1 * The Return from the Councill As A Comitte for Drawing 

the Act for Impresing two thous d pounds &c 
John Plaisted ) of the Councell 
Cha : Storey j Cha : Story Sec. 
Theo : Atkinson j of the Representatives 
Copia Geo : Jaffrey j Sam 11 Keais Cler : 

octo r 9 th The Howse Is Ajorned to tomorow it beinge y e 10 En- 

stant all to Met at 10 of y e Clock 
Octob r io lh Met accordingly — ^sent 

M r Speaker Dan 1 Tilton Geo : Jaffrey 

M r Atkinson Ez e Wentworth Sam 1 Keis. 

M r Dudley Cap 1 Hill 

Memorandum Cap 1 Gilman & M r Ephr a Maston absented themselves 

without Leave. 
Voted That M 1 ' Speaker & Geo : Jaffrey be a Committe to Joyne 
with some of the Councell to view what stores &c is Returned from 
the late Expedition and to Dispose of Such of them as they think 
most for y e Province advantage and the rest to be housed in y e 
Maggazein 

Oct 1 ' io lh Past y e house 

* 1-32 ( )ctob r 10 th Sent for by y e Councill and Prorogued to thirs- 

day v 15 th of Noveml/ 171 1 

Octob 1 ' 30 th The House Mett p r an order from His Excellcy y e Gov- 
ern r : $sent 

M r Speaker Dan 1 Tilton James Rendle 

M r Atkinson Esekel Wentworth Geo : Jaffrey 

Maj r Smith Eph r Marston Sam 1 Keis 

Voted That there be An Address from this house to the Queens 
Most Excellent Majesty that An Expedetion be brought on for the 



lyilj JOURNAL OF THE HOUSE OF REPRESENTATIVES. 27 

Reducing Kanada the next spring. And that Geo : Jaffrey and 
Theo : Atkinson be A Comitte to Joyne With Two of the Councell 
to Draw up s d Address And that the Speaker Signe In behalf of 
the house — 

Past the house of Representatives 30 th Oct 171 1 
Copia Sam 11 Keais Cler 

The house by order of the Gov Delivered by M r Secretary Pro- 
rouged untill the 1 5 of Novem r 

* 171 1 Novemb r 15 th The House Mett according to Proro- * 1-33 
gation ^sent 

M r Speaker Cap* Hill 

Geo : Jaffrey Sam 1 Keis — 

Adjourned to y e 21 s1 Inst. 2 a Clock in y e afternoon 

Nov r y e 21 th The house mett according to adjournment & present 
Speaker Cap 1 Hill Dan 11 Tilton 

Geo : Jaffry Eph a Mastyn Sam 11 Keis — 

Adjorned to y e 22 th Ins t 2 a Clock In y e afternoon — 

Novemb r 22 d The House mett according to Ajorment and present. 
Speaker Cap 1 Hill M r Randal 

Geo : Jaffry Eph a Mastin Sam 1 Keais — 

Adjo d to thirsday — y e 29 th Ins* at 2 of the clock in y e after- 
noon 

* Novemb r 29 th Met according to Adjournment ^ sent * 1-34 

M r Speaker Geo : Jaffrey 

Cap* Hill Sam 1 Keis 

Adjourned to y e thirsday y e 6 th of Dec r 

Dcb r y e 6 th The house mett according to Adjournment f^sent 
Y e Speaker Maj r Smith Cap" Dudley 

M r Atkinson Dan 1 Tilton James Rendal 

M r Geo : Jeff ry Eph a Mastyn Sam 11 Keis — 

Cap" Hill 
The house by order of his Excellency delivered by m r Secretary 

Story, Is Prorogued till Wensday y e 6 th of ffeb y — 

Feb y y e 6 th The house met according to Prorogation & present 
y e Speaker Dan 11 Tilton Sam 11 Keis 

M r Atkinson Eph a Mastyn Cap 1 Nathan el Hill 

M r Jeffry M r Dudley M^Steaven Jons 

Adjourned till Thirsday y s 7 th Ins" att two Clock In y e afternoon — 



28 PROVINXE OF NEW HAMPSHIRE. [ l 7 12 ' 

* 1-35 * Feb y 7 th The house met according to adjournment ^sent 

y e Speaker M r Atkinson M r Jones 

Geo : Jeffry Dan 11 Tilton Sam 11 Keis — 

M' Dudley Cap" Hill 

Adjorned to Thirsday y e 14 th Ins" att two aClock In y e afternoon 

Feb y y e 14 th The house mett according to adjournment & Present 
y c Speaker Cap" Hill 

M r Atkinson Sam 11 Keis — 

The house by order of his Excellency d d by M r Secretary Story Is 
Prorogued till tusday y e 25 th March, till two of the Clock In y e after- 
noon — 

March 25 th The House mett according to Prorogation plan — 
M r Speaker Cap 1 Hill Geo : Jaffrey 

Theod r Atkinson Esq r M r Rendall Sam 1 Keis — 

Copy of y e Govern 1 " 8 Letter Boston 17 th March 17"/^ — L 

I Doe hereby Prorouge the Generall assembly of Her Maj ts Province 
of N Hampsh 1 ' to Wedensday y e Last of Aprill next : Given under 
my Hand J Dudley 

To M r Sec rt Story 

* 1-36 * March 25 th The House is Prorogued ^ the Govern 8 Order 

to Wedensday the Last of Aprill next 171 2. 

March 26 th 171 2 Memorandum that Cap 1 Rich d Gerrish m r Geo : 
Jaffrey and Sam 1 Keais had theire Debentors from March the 3 d 
1 7 ,0 /n t0 March y e 26 th 171 2 

Cap 1 Gerrish 56 days ) 
m r Jaffrey 55 clays > 
Sam 1 Keais 56 days ) 

April 30 th The House mett according to Prorogation ^sent 
M r Speaker M r Maston Geo : Jaffrey 

Cap 1 Hill M r Rendal M r Keais 

M r Atkinson 
The House adjourned to May y e I st 2 a Clock 
Memorandum That M 1 Ezekiel Wentworth M r Steph Jones and 
Cap 1 Nath 1 Hill had their Debentors from Octob r 23 d 1710 to May 
I st 1712. Viz 

Cap 1 Hill ~] 65 days 

M r Went worth V42 Days 

M r Jones j 18 Days 

[The abovejmemorandum has a line drawn through it. — Ed. J 



1712] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 29 

May y e I st 171 2 The house mett according to adjournment and — 
present 

the Speaker James Rendal M r Keais 

M r Geo : Jeffry Cap 11 Hill M r Atkinson 

* May y e 2 th 171 2 The house is adjourned to may y e 2 th two *i~37 

a clock — 
May 2 d : Memorandum That Mag r Joseph Smith Epharim Mastin 
and Daniel Tilton of Hamton had theire Debentors from octob r 
23 d 1 710 to May I st 1 71 2. viz 1 

Major Smith 25 days ) 

M r Epharim Mastin 47 Days > 
M r Daniel Tilton 39 Days ) 
May 2 d The House Mett according to Adjournment ^sent 
M r Speaker M r Jones Sam 1 Keis 

Cap 1 Hill Geo : Jaffrey M r Atkinson 

The House Adjourned to Monday the 5 th Inst 10 a Clock — 

May 5 th The house Mett according to adjournment ^sent 
y e Speaker M r Dudley M r Tilton 

M r Jeffry Mag r Smith M r Keis 

M r Atkinson M r Rendal Cap" Gilman 

M r Mastyn 
The House adjourned for two hours — & Mett. ^sent 
M r Speaker Eph ra Maston M r Rendall 

M r Atkinson Cap 1 Gilman Maj r Smith 

Cap 1 Dudley Cap 1 Hill Geo : Jaffrey 

Dan 1 Tilton M r Jones Sam 1 Keis 

* 1 71 2 May 5 th Copy of His Excellency's Speach * 1-38 
Gentlemen Portsm 5 th May 171 2 

The Disaster of Her Majesties ffleet and forces the Last Year has 
as we might Justly expect encouraged y e Indian Rebells in their In- 
roads upon us and we must be content early to apply our Selves to 
an usuall Method of comeing into Strict Garrissons scouting and 
Marching in the ffrontiers, and to y e filling places to prevent their 
Lodging near us. 

I have therefore resolved — to Double y e forces in the province of 
meine and given orders accordingly Scince my coming hither, and 
Judge itt nesseseary that there be a party, of this Province of fourty 
men att least, with proper officers — to march from Kingston to Co- 
checho — every two or three. Days — ./ and that half the melitia be 
drawn out — to Stand ready — for a march where the Enemy Shall 



30 PROVINCE OF NEW HAMPSHIRE. [ l 7 12 

be known to Approach us with any great number — which is to be 
Expected by an Intelligance from Casco bay — which I shall Commu- 
nicate to you her majesties fort must be also Enforced — with the 
Usual Number — for y e Summer Service. 

I must also recomend to you the Establishm* of the Impost which 
was Abated the Last year and is certainly a Surprize to the Gover- 
ments att home for that there is Every where a Duty upon Shipping 
and Trade — for the Support of the publice Charge — in the Ease of 
the Land Tax which is always heavy upon the Country. 

In your ordinary Affairs of the Province I shall Show my Self 
ready, to do my duty for her majesties Service and the Bennifit of all 
her majesties good Subjects as I ought./ 

* 1-39 * A Petition from John Hincks Esq r brought by M r Secretary 

Storey Directed to his Excel cy praying that A law Suit De- 
pending between himself & John Cross Might be Stoped — 
The Councell Gave there Opinion that the Action Shuld Goe on ; 
And that If the s d Hincks hath Any thing Due from the Province 
the Comitte Is to Receve his Claims & make Report thereof As they 
Doe In other Province D ts 
Voted A Concurrence With the Councell In this Matter 

Sam 11 Keais Cler 
The House adjourned to Tuesday y e 6 th Inst 6 a Clock — 

May 6 th The House Mett ^sent 

M r Speaker Cap 1 Gilman Sam 1 Keis 

Cap 1 Dudley Timo Gerish Maj r Smith 

M r Rendall M r Tilton Theo : Atkinson 

M r Maston Cap* Hill Step : Jones 

Geo : Jaffrey 

Upon y e Death of M r Ezekiel Wentworth Cap* Timothy Gerrish 
was chosen a Representative for the Town of Dover, and Sam 1 Pen- 
hallow Esq r came w th M r Secretary Storey and Qualifyed y e Said 
Cap 1 Tim Gerrish by Administering the Oathes &c Appoynted. 
And the S cl Cap 1 Timothy Gerrish is Admitted a Member Accord- 
ingly — 

* 1-40 * Voted That his Excellency be Desired to Give Orders for a 

Scout of forty men between Kingston & Chochecha with 
Good Officers to Command them for the Security of Our Fron- 
tiers by Order of the house of Representatives May 5 th 1712 

May 6 th The Councell Concured w lh this Vote — 

The Petition of Sam 1 Foulsom & Elias Phiibruck Read in y c house 

and Agreed w 1 ' 1 y e Order of y e Gov r & Councill that they be Dis- 



I /1 2] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 3 1 

charged from y e Payment of any Tax to either of the Towns of 

Portsm° & Hampton untill the Town Bounds be Settled 

Voted That there be twelve Soldiers att Her Majesties Fort at New 

Castle for the Summer Service (i e) Seven ad'ed to the five now 

there — 

The House Adjourned for two hours 

The house mett according to adjournment 
Read The Peticion of Nath 1 Ware Esq r &c of y e flails Parish in 

Hampton, & It is the Opinion of this House that the Peticioners 
be Referred to y e Generall Town Meeting of y e Town of Hamp- 
ton. 

* May 6 th 171 2 Voted That for the Incouragement of Trade * 1-41 
This Port be free from any Imposition. 

^ Order of the House of Representatives — 
The house Adjorned by the Speaker Untill the 7 th 9 of Clock 

May 7 th The House mett. ^gsent 

M r Speaker M r Tilton Geo : Jaffrey 

Maj 1 " Smith M r Rendall Cap* Dudley 

Cap 1 Hill The. Atkinson Esq r Sam 1 Keis 

M r Jones Eph ra Maston Cap* Oilman 

Cap 1 Tim° Gerrish 
The House Adjourned for two hours — 
The House mett & present 

y e Speaker M r Tilton Geo : Jaffry 

Mg r Smith M r Rendal Cap" Dudley 

Cap" Hill Cap" Attkinson Cap" Gilman 

M r Jones Eph a Maston Sam 11 Keis 

Cap 1 Tim° Gerrish 

Salathiel Denbo Receiveing a Wound in the Expedition to Canada, 

Which was Recommended to this House by y e Gov r & Councill for an 

allowance for Subsistance & Satisfaction. 

Voted That there be Pay'd unto y e S d Denbo from y e Treasury Ten 

pounds, for Subsistance & Satisfaction 
May 7 th pr Order of y e House 

* Adjorned by the Speaker to the 8 th Ins 1 nine of Clock * 1-42 
May y e 8 th The House mett & Present 

Y e Speaker M r Mastyn M r Tilton 

Mag r Smith M r Jones M r Keis 

Cap" Dudley M r Rendal M r Atkinson 

Cap" Gilman Tim° Gerrish Geo : Jaffrey 

adjorned for two hours — 



32 PROVINCE OF NEW HAMPSHIRE. \_ l 7 12 

Returned According to Adjornm 1 Present the Whole house 
Haveing Perused the Committe's Return in which they Refer the 
Muster Roles of Coll" Wallace & Cap 1 Jeffries to the Gen 1 Assembly 
which Muster Roles are Allowed. But we find in the Portlige Bills of 
the Transports Severall Persons that are in the Muster Roles viz 1 
Cap 1 James Jeffries Sam 1 Penhallow Aron Ingram Abr a Remmick 
Abr a Clark Salathiel Denbo. We allow for their Service in the 
Transports. 

Voted To Pay James Jeffries & Sam 1 Penhallow each five pounds & 
to y e other four forty shillings each to be aded to their Wadges in 
v Muster Roles and is in full for their Service in y e Vessells afore- 
said. 

May 8 th p 1 Order of y c House 

* 1-43 * May 8 th 171 2 Adjourned by the Speaker to y e 9 th Ins 1 Nine 

a Clock — 

May 9 th The House mett ^sent 

M r Speaker Cap 1 Hill Geo : Jaffrey 

Maj r Smith Cap 1 Dudley Sam 1 Keis 

M r Maston M r Jones Cap 1 Tim Gerrish 

M r Tilton Cap 1 Gilman M r Atkinson 

In Answer to the Peticion from Kingston 

Voted That the Town of Kingston be exented from sending a Rep- 
resentative and Paying any part of the Province Charge for the 
persant Year Provided they assist the Scouts with Pilots at their 
own Charge when ever Required. 

May 9 th p r ( )rder of y e House — 

Adjourned by y e Speaker for two hour'es — 

The House mett all ^sent except M r Rendall & M r Tilton 
Voted That Every Minister of this Province being Caled and Quali- 
fyed by law Shall have A Serv 1 free from Any Impress 
by order of the house of Representatives 

Copia Sam 11 Keais Cler 

Adjoined to the 10 th 10 of Clock 

* 1-44 * May 10 th The House mett ^gsent 

M r Speaker Cap 1 Tim Gerrish Cap 1 Hill 
Cap' Dudley Geo : Jaffrey Cap 1 Gilman 

Maj r Smith M r Maston ' Sam 1 Keis 

M r Rendall M r Jones ' The : Atkinson Esq 

Voted That there be Pay'd to Ab ra Rymack forty shillings more 
than is allowed in y e Muster Role it being for Service on board a 
Transport 



iyi2\ JOURNAL OF THE HOUSE OF REPRESENTATIVES. 33 

May 10 th p r Order of y e House — 

Voted That M r Atkinson be Allowed thirty pounds for his service 

At her Majestys ffort in the Year 1711 Which Is In full of the 

fifty two pounds he Claimed In his Muster Roll 
Copia 

Adjorned by the Speaker for Two hours 

The House Mett at Time — 
May 10 th The Committes Return & y e Acco ts Examined and Al- 
lowed. Am to Two thousand five hundred eighty four pounds 
ten shill : 2d 

* May 10 th 1 71 2 Voted f That the Claim of M r Rich d Partridge * 1-45 
be Referred to the Com'itte for Auditing y e Prov : Acco ts . 
Two Votes sent up Viz : 

one to Impower the Select men to Inspect and order the Children 
of their parrishes As *$ Vote on file 

That All persons Refuseing or Neglecting to Obey the Comand of 
their Officers In Any Milletary Station be Sent to the fort As ^ 
Vote — 

The Return of y e Com'itte in May 171 1 allowed to Maj 1 ' W m 
Vaughan two hundred pounds provided Coll° Partridge makes it Ap- 
pear to the Generall Assembly that he did not Receive that Sume for 
or on Acco* of y e S d Maj r Vaughan 

Voted That on y e Certificate of Coll° W m Partridge that he hath not 
Rec d the aforesaid Sume for Maj 1 ' Vaughan That the S d Maj r 
Vaughan Shall be Pay'd Two hundred pounds out of the first 
Money that Comes into the Treasury after the Debts this Day al- 
lowed to be Due are Pay'd. 
May 10 th p r Ord r of y e House — 

* May 10 th 1712 The House sent for by the Govern 1 " & * 1-46 
Councill & Prorouged to thirsday y e 12 th of June 171 2 
May 10 th 1712 Memorandum That Cap 1 Nath 11 Hill M r Ezekeil 
Wentworth and M r Stephen Jones had there Debentors from Octob 1 ' 
23 d i7ioto May 10 th 1712 Viz 

Cap 1 Hill — 73 clays ~) 

M r Wentworth — 37 days V 
M r Jones — 25 days . J 

May 10 th 1 71 2 Memorandum That Cap* The Dudley and Cap* 
Nicholis Gilman had there Debentors from march the 8 th 17 IO / 
to May 10 th 1 71 2 

Cap* Dudley 36 Days 

Cap* Gilman 23 Days — 



34 PROVINCE OF NEW HAMPSHIRE. Y l 7 12 

June 12 th 171 2 The house mett according to Prorougation present 
y e Speaker Cap 1 Kill M r Randall 

M r Tilton Geo: Jaffrey Sam 1 Keis 

Cap 1 Tim Gerrish 
Adjourned to thirsday y c 19 th Inst 2 a Clock p m 

* 1-47 * May [June] 19 th 1712 The House mett according to Ad- 

journment & Present 
Speaker M r Randall M r Tilton 

M r Geo : Jeffry Cap" Hill M r Keis — 

The house is Proroug'ed by y e Govern" order to Wensday the 16 th 
of July Next 1712 — 

July 3 d Memorandum M r The od Atkinson Esq r had his Debenture 

for Service Done on the Assembly from feb r y e 2 d i/ 10 / n to June 

y e 3 d 1 712 — 55 Days — 
July 3d Memorandum that M r James Randal had his Debenture for 

Service Done on the Assembly from feb r 2 d 1710:11 to July 3 d 

171 2 43 Days. 

July y c 16 th 1 712 The house Mett according to Prorougation pres- 
ent 

y e Speaker Cap" Hill Tim° Gerrish 

M r Geo Jaffry Cap" Gillman M r Keis 

Mr Rendal 
Adjourned to thirsday y e 24 th Ins" 2 a Clock 

* 1-48 * July y e 24 th 1 71 2 The house mett according to Adjourn- 

ment & ^sent 
y c Speaker Geo : Jeffry Sam 11 Keis — 

The House is Prorouged by y e Govern rs order Communicated by 
m r Secretary Story till Wensday y e 13 th Augs" next two of y e 
Clock ■ — 

Augs" y e 13 th 1 71 2 The house mett according to Prorougation — 
& Present 

y c Speaker Geo : Jaffry Mag r Smith 

M r Aatkinson M r Rendal Sam 11 Keis — 

Adjourned by y e Speaker to Thirsday y e 14 th Ins" 2 a Clock 

Aug 81 14 th The House mett f>scnt 

M r Speaker M r Kies 

M r Atkinson Geo : Jaffrey 

.Adjourned by y e Speaker to thirsday the 21 st Ins 1 at two of y e 

Clock 



1 71 2] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 35 

Augs" 21 th 1 71 2 The house mett & p r sent 

y e Speaker Geo : Jeffry Sam 11 Keis — 

Cap" Hill M r Atkinson 

* The House is prorouged by y e Govern rs order & Communi- * 1-49 
cated by m r Secretary Story till wensday the 24 th Septe 1 " next 

two of y e Clock — 

Sept r 24 th The House mett ^sent 

M r Speaker Mr Maston M r Clark Keis 

Cap 1 Dudley M r Atkinson Geo : Jaffrey 

The House Adjourned to thirsday y e 25 th Inst By y e Speaker at 2 of 

y e Clock — ' 

25 th The House mett ^sent 

M r Speaker Geo : Jaffrey Sam 1 Keis 

Adjourned by y e Speaker to thirsday the 2 d of Octob 1 ' next Insue- 

ing — At 2 of y e Clock 

octob r 2 d The House mett & present 

y e Speaker Eph a Mastyn M r Atkinson 

Geo : Jeffry Sam 11 Keis 

Adjourned by y e Speaker to thirsday the 9th of Octob r next att 2 of 
y e Clock 

* 1 712 Octob r 9 th The House mett According to Adjourn- * 1-50 
ment f^sent 

M r Speaker Eph ra Mastin Dan 1 Tilton 

The : Atkinson James Randall Geo : Jaffrey 

Theo : Dudley Nath 1 Hill Sam 1 Keis 



Gentlemen 9 th October 171 2. 

I am Glad to meat You after so Difficult a summer wherein we 
have had so many Inroads of y e Enemy on all sides by which not- 
withstanding we have suffered so little Loss. I am senceable of y e 
great Dilligence of the Officers and faithfull Service of y e scouts and 
parties at all times abroad for which I Doubt not of y or Care in 
their Payment as well as to let them know that their Service has bin 
very Acceptable to y e Government. 

I can allso Assure You that we are not forgotten at Home ; Her 
Majesty in her Princely Wisdom and Care for her good subjects in 
y e Provinces of North America, has brought forward a Peace with 
ffrance upon such Honourable and Advantagious Articles That will 



36 PROVINCE OF NEW HAMPSHIRE. [ l 7 12 

in all parts of y u world where Brittans dwell Demonstrate Her Majes- 
ties Superiour Interest and Power in y e Goverment and Decission 
of v Affairs of Europe, which wee are in expectation to Receive and 
will bring to us the blessings of Peace which Every good man will 
have y e foy of. Coll° Rednap Her Majesty's Engineer Lay's before 
you the Repairs and works at Her Majesties ffort W m & Mary in 
which I am well assured of his good Husbandry, and think it 
* 1-5 1 best that Your Committe * of those works make their Vissitt 
there and Report to you with Coll Rednap what is Remain- 
ing necessary to be Done. 

M r Tereasurer will give You the present state of Y or Debts and 
what is necessary. 

You will bring forward such affairs of y e Govern m" as are before 
you in which I shall not be wanting to Doe my Duty to Her Majesty 
and all Her good Subjects within This Goverment. — 
The House Adjourned to y e 10 th Ins u ^ y e Speaker 9 a Clock in y e 



morning — 






Octob r 10 th The H 


ouse mett ^sent 




M r Speaker 
The. Atkinson 
Thop : Dudley 
Step. Jones 


Cap 1 Gilman 
James Rendall 
Ephr a Mastin 
Dan 1 Tilton 


Geo : Jaffrey 

Sam 1 Keais 

Cap* Tim° Gerrish 


Answer to y e 1 M 
Gov rs Speach ( J 


it Please Y or Excellency 





Wee are Glad to See Your Excellency Here with y e wellcome news 
of an Approaching Happy Peace And are Thankfull to y e Officers 
for their ffaithful and Dilligent Attendance on the Scouts this Sum- 
mer, and shall take Care for their Payment so soon as their Muster 
Roles shall be allowed of. Wee are well satisfyed with Coll° Red- 
knaps Acco 1 of his ffrugally Disposeing of y e money for y e Service 
of Her Majesties ffort W m & Mary and shall appoynt a Committe of 
our House to Joyne with that of y e Councill to view y e 
* 1-52 works and Report what is further necessary* to be Done. 
We shall Consider of y e State of y e Province and take Care 
to Provide Money to Discharge y e Debts. And we shall with all 
Dilligence forward y e Affairs of the Province That are Depending — ■ 

Adjorned by the Speaker for two hours 

The House mett and all present as in y e forenoon. — 

The House Adjourned by y e Speaker to y e 1 I th Ins 1 9 a Clock. 



1712] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 37 

Oct r 11 th The House mett ^sent 

M r Speaker James Rendall Cap 1 Gilman 

Maj r Smith Geo : Jaffrey EDh ra Mastin 

Cap 1 Hill M r Jones Sam 1 Keais 

Cap 1 Gerrish Dan 1 Tilton Theo : Atkinson 

Cap 1 Dudley 

The Peticion of Hampton ffalls People in Relation to a Schole Read 
in y e House and Concured w lh y e Order of y e Gov r & Councill to give 
them an hearing on tuesday next 10 A Clock Ante Meridiem 

* Copy of Coll Partridges Certificate Relateing to 200 Due * 1-53 

to f Maj r W m Vaughan 

Oct 1- 11 th 1 71 2 These may Certify e Whom it may Concern that the 
two hundred pounds allowed to Maj r W m Vaughan of y e Province 
of New Hampshire aforesaid for agency as Appears by the Com- 
mittes Return for Auditing the Publique Acco ts in may 171 1 was 
Never Received by me of the Government of the said Province 
nor Pay'd by me to the said Maj r Vaughan ; as Witness my Hand 
the thirteenth day of August Anno Domini 171 2 

W m Partridge 
Allowed by y e House — 

Upon Consideration of the state of the Province and finding that 

Considerable summs will be Quickly Due. 

Voted That The Thousand pounds that is to be Pay'd into the 
Treasury in Decemb r next Be Continued And that There be an 
Impression of five hundred pounds in Bills of Credit by y e 8 th of 
March Next for the Payment of such Debts as shall be Allowed of 
by y e Comitte for Auditing y e Prov : Acco ls and Allowed of by y e 
General! Assembly. — 

The House Ajorned to Monday y e 13 d Instant : by y e speaker all to 
Mete at 9 of y e Clock 

* 1712 Octob r 13 th The House mett f sent * 1-54 
M r Speaker Dan 1 Tilton Geo : Jaffrey 
Theo : Atkinson Ephr a Mastin Sam 1 Kaeis 

Cap 1 Gerrish M r Rendall Cap 1 Dudley 

Cap 1 Hill M r Jones Maj r Smith 

The House Adjourned p r y e Speaker to 2 a Clock after noon 

The House mett & Present ut supra — . 

The House Adjourned p r the Speaker to y e 14 th Ins 1 9 a Clock — 



38 PROVINCE OF NEW HAMPSHIRE. [l7*2 

Octob r 14 th The House mctt ^9 sent 

M r Speaker The. Dudley M r Rendall 

Dan 1 Tilton Maj r Smith Geo : Jaffrey 

Eph ra Mastin Cap 1 Hill Sam 1 Keis 

Cap 1 Gerrish M r Jones Cap* Gilman 

Haveing had Severall Debates in y e House about Impost & Export 
Voted That There be no Impost nor Duty on Exportation in y e 
Province but that it be a ffree Port — 

* 1-55 * 1712 Octob 1 ' 14 th The Peticion of Rich d Sloper Read in the 

House — 

Ordered that Ambross Sloper be notyfied to attend y e House in y e 
afternoon at three a Clock That an Answer to y e Peticion may be 
Proceeded on. — 

The House Adjourned p r y e Speaker to 2 a Clock — 

The House mett f sent 

M r Speaker James Rendall Sam 1 Kaeis 

Dan 1 Tilton Cap 1 Hill M r Jones 

Cap 1 Gilman Eph ra Mastin Maj r Smith 

Cap 1 Gerrish Cap 1 Dudley Theo : Atkinson 

Geo : Jaffrey 
The Peticion of Jn° Cutt & his Guardians for Impowering him 
(being under age) to Dispose of p* of his Lands for Paying his Debts 
& Subsistance and Repairing his Houses &c. Read, and Concurred 
w th y e vote of Gov r & Councill to grant his Requests — 

The House Adjourned p r y e Speaker to y e 15 th Inst 9 a Clock 

15 Oct : the Whole house Mett According to Adjornm* 

Upon Consideration of y e petsion of Richard Sloper relateing to his 
sone Ambros Sloper : and Hearing y e Allegations of both par- 
ties 

* 1-56 *Octo r 15 th 1 712 Then Major Joseph Smith M r Ephrimy 

Mastins and M r Daniel Tilton had their Debentors for 
Ther servis one y e Asembly : from July y e 13: 171 1 : to octo r 15 
1712 : 

Tilltom 66 — Mastins 69 : days 

Major Joseph Smith : — 41 : days 
Adjorned for two hours 

Returned as in the Morning 
Octob 1 ' 1 5 th The house Sent for by y° Govern r & Councill & Pro- 
rug'ed to Wensday the 10 th Dcb r next 171 2 — 



1 71 2] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 39 

Dcb r 10 th The house mett according to Prorogation Present 

y e Speaker Mag r Smith M r Keis 

M r Jeffry Cap" Hill M r Atkinson 

The House is Adjourned to the 11 th Ins" two of y e Clock In y e 
after noon 

Dcb r 1 I th The house mett according to Adjourment present 

y e Speaker M r Tilton Cap" Hill 

M r Geo : Jeffry M r Keis M r Rendal 

M r Atkinson ' Cap 1 Gilman M r Mastyn 

]^ag r Smith 

The house is adjourned to thirsday y e 18 th Ins" two a Clock 

In y e afternoon * l S7 

* 1712 Dec r 18 th The House mett ^sent 

M r Speaker Cap 1 Hill Geo : Jaffrey 

M r Atkinson Cap 1 Gerrish Sam 1 Keis — 

M r Mastin 

A Proclamation for y e ascertaining the currency of silver money. 

Past. 

p r Order of y e Govern 1 " The House is Prorouged to Wensday y e II th 

ffeb r next. — 

Memorandum y 1 Cap 1 Nathanel Hill and M r Steaven Jons has reseavd 

Their Debentors for servis Done one y e Asembley : from May 10 th 

1 71 2 : to Desem r y e i8 lh 1712 : Cap 1 Timothy gerish had his Deben- 

ter for his serves one y e Asembly from may y e 6 171 2 to Desembr 

18 th 1 71 2 

Hill 27 days M r Jones : 09 days Timoty geri h 25 days Desember y e 
18 th 1712 

1712 ffeb r 11 th The House mett According to Prorogation ^sent 

M r Speaker Geo : Jaffrey Cap 1 Hill 

The : Atkinson Esq r Sam 1 Keis M r Jones 

Ephraim Mastyn 

p r Order of y e Govern 1- of y e 8 th ffeb r The House is Prorogued to y e 

18 th of March next Insueing 

17 12 / March 18 th The House Mett according to Prorogation f^sent 

M r Speaker Geo : Jaffrey M r Atkinson 

Cap 1 Hill Sam 1 Keis 

Adjourned by the Speaker to y e 19 th Inst. 



40 PROVINCE OF NEW HAMPSHIRE. L 1 ? 12 

* 1-58 * March 19 th The House mett ^sent 

M r Speaker Sam 1 Keis 

Geo : Jaffrey M r Atkinson 

p r Order of his Excellency y e Govern 1 " The House is Prorogued to 

Wendsday y c 15 th Ap 1 next. 

March y e 19 th I7 12 /is Memorandum That Cap 1 Richard Gerrish M r 
georg Jeffryes and Samuell Keais had their Debentors from y e 
26 th of March 171 2 To March y e 19 th I7 l2 / 13 

Cap 1 gerish 44 day 

M r georg Jeffry 44 ' 

Sam 1 Keais 44 

Aprill 15 th The house mett according to Prorogation & Present 
y e Speaker Sam 11 Keis Geo : Jaffrey 

Cap" Hill James Rendall Theo : Atkinson 

The house is Adjourned, to y e 17 th Ins" att two of y e clock In y e 

afternoon — 

Aprill 17 th The house mett according to Adjourment ^sent 
y e Speaker Geo : Jaffrey M r Atkinson 

Cap" Hill Sam 11 Keis 

The house is adjourned to thirsday y e 23 d Ins" att two of y e 

Clock — 

* 1-59 * Ap 1 23 d The House mett f sent 

M r Speaker Cap r Hill Geo : Jaffrey 

Theo : Atkinson Esq r Maj r Smith Sam 1 Keis 

Copy of a Lett r from y e Govern r 

Gentlemen Boston 20 th Ap 1 171 3 

M r Secretary Storey by this Post acquaints me of y e adjournment 
of y e assembly to thirsday y e 13 th Inst. The Last Session of y c 
assembly Left a Committe standing to Adjust y e Province Debts 
which I Presume have accordingly proceeded and if these Acco ts be 
past thro I then Direct the assembly to sett thirsday and fryday if 
need be to agree and Pass the Return of y e said Committe by y e Rep- 
resentatives and y e Councill if it can be then finished and from fry- 
day Evening 

I Do Hereby prorogue y e Generall Assembly to Wedsday the 13 th 
of May next. Given under my Hand 

J Dudley ■ 



1 71 3 JOURNAL OF THE HOUSE OF REPRESENTATIVES. 41 

Communicate this Lett r to y e Representatives It will be very 
pleaseing to me that y e Debts of y e Prov : be adjusted that we may 
know what we owe that a Happy Peace may make us Easey — 

To M r Sec r Storey — 

The House Adjourned by y e Speaker to fryday y e 24 th Inst — 11 a 
Clock — 

Apr 1 24 th The house mett according to adjournment and Present 
y e Speaker M r Jaffrey Dan 11 Tilton 

M r Atkinson Maj r Smith Sam 11 Keis — 

Cap" Gilman 

p r order of y e Govern 1 " th^e house Prorogued to Wensday y e 13 th of 

May next — 

* 1713 May 8 th The House Mett f Order of y e Govern 1 " * 1-60 

f sent 

M r Speaker Cap 1 Tim Gerrish Cap* Gilman 

Maj r Smith M r Atkinson Geo : Jaffrey 

Cap 1 Hill Eph ra Maston Sam 1 Keis — 

Dan 1 Tilton 

Copy of y e Govern 1 " 8 Lett 1 

Gentlemen Boston May 4 th 171 3 

I some time since Directed y e Assembly of y e Prov : of N. Hamp- 
sh r to meet to Pass y e Acco ts of y e Debt of y e Prov : prepare'd by 
their Committe which being not yet done I Do again allow them to sit 
a fryday y e Eighth Inst, to Doe and pas thro that affayr in fryday 
and Satturday y e Prorogation notwithstanding that at my Comeing 
y e Week after I may have the Less Interruption in y e Generall affairs 
of y e Peace with y e Indians which I hope may Come forward and Ac- 
cordingly with Your Agreement M r Secretary May Summon the 
Assembly upon y e said fryday next and after Passing y e Accounts y e 
Prorogation Lately Directed to Continue. I am 

Y or Hurab 1 Servant J Dudley 
To y e Gentlemen Her Majes ts Councill in N Hampsh r — 

The House adjourned by y e Speaker to y e 9 th Inst Eight a Clock 
in y e morning — 

9 th May Mett According to Adjornm* present all As Yester- 
day The Comitte for Examining the province Claimes 

* Made there Return of The Province D ts In which they * 1-61 
Refer two Muster Rolls N° (15) & (17) to the Assembly 



42 PROVINCE OF NEW HAMPSHIRE. [1713 

Which two Muster Rolls Is not Allowed by the Assembly 

Cap 1 Timo Gerrish Muster Roll Allow d five pounds sixteen shil- 
lings & <S d — 

The Return of the Comitte Is Approved by the Representatives 
with the Addition of the Afors d sum to Cap 1 Timo : Gerrish of 
£$ : 16: 8 And Voted to be sent to the Councell being in N° 44 
Acco ts And Musterrolls Amounting to the sum of Comitte 5 Return 

;£lIII :I5: — 

Gerrish 5 : 16 : 8 



£1117: 11 : 8 

M r Geo : Jaffrey Chosen Cler : protempore Coll Vaughan 5 Muster 
Roll not all Allowed Untill he Give the Names of six men he puts in 
the last of his Roll Suma Six pound As Noted by the Comitte N° (22) 
The house prorouged by the Secretary Untill the 18 of June Next 

* 1-62 * 1 71 3 June y e 18 The House mett according to Proroga- 

tion and Present 
Speaker Cap 1 Hill M r Jaffrey 

M r Jones Cap 1 Gerrish M r Keas 

Ephr a Mastyn 
The House is adjourn'd till Thursday y e 25 Ins 1 

June y e 25 The House mett according to Prorogation and Present 
M r Speaker Ephr* Mastyn M r Jones 

M r Jaffrey M r Keas Theo : Atkinson 

M r Rendall Cap 1 Hill 

^ order of his Excellency y e House Prorog d to Wensday y e 8 

July next. 

July y e 8" The House mett according to Prorogation and Present 
M r Speaker M r Keis M r Atkinson 

M r Rendall Eph a Mastines 

The House is Adjourn'd till Thursday y e 9 Ins 1 

July y e 9 The House mett according to Adjournment and Present 
M r Speaker Cap 1 Hill ' M r Keies 

M r Jones M r Rendall M r Atkinson 

The House is adjourn'd to Fry day y e 10 Ins 1 

* 1-63 * July io lh The House mett according to Adjournment and 

Present 

M r Speaker Cap 1 Hill 

M r Jones M r Keis 

The House is adjourn'd to Monday y e 13 th Ins 1 

July y e 13 The House mett according to Adjournment and Present 



1 71 3] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 43 

M r Speaker M r Rendall M r Keis 

M r Jaffrey M r Mastin Mag r Smith 

M r Jones M r Till ton M r Atkinson 

Cap 1 Gilman 

The House is adjourned for 2 hours — Mett Accordingly — 
Copy of y e Govern rs Speach 

Gentilmen July y e 13 171 3 

I have delayed your comeing togeather, Untill I might have y e 
honour and Satisfaction to give you the News of a happy and well 
Established peace, brought to pass by Her Majesties wise Councill, 
and prosperous Arms, of w ch we have already y e Assurance, and daily 
Expect Her Majesties Comands to Make it publick. 

And in pursueance thereof, I have now attending me Several of y e 
Indian Sachems & Deligates making their own Submission and pray- 
ing to be restored to Her Majesties flavour, and y e ff riend-Ship of Her 
Majesties Goverment of these provinces, the Issue of their Atten- 
dance I Shall Communicate to you. 

Sometime Since there was a Committee of y e Council, and Rep- 
resentatives to revise the Laws of y e Province now in fforce, 
* and to make a fair Copy of them, and to offer Such other * 1-64 

Laws as might be necessary in order to there being 

humbly Submitted to Her Majestie and the Review & Reforme of y e 
Right Honourable y e Lords of the Council of Trade and plantations, 
I disire their report may be now taken and we may proceed therein 
accordingly. — 

I must againe w th all Earnestness recommend to you y e Revival of the 
Impost & better Goverment & collection of y e Excise there is no Col- 
lony or Govern^ belonging to y e Crown of Great Brittaine y l pretends 
to an open Port or y* doe not bring in y e Trade or Merchandize of 
their Provinces to aid the Land Tax for y e payment of y e heavy 
Charges of the warr w ch is as needfull in this province as any other 
Her Majesties Goverments y e neglect and inequallity whereof will I 
fear justly offend Her Majestie as well as disturb y e other Goverments 
on y e Shoar of America. 

I Suppose you will think it a proper time for the assembly most 
humbly to Address Her Majestie Epon y e notice of the Peace, in w ch 
I Shall hartily Joyn w th you The Treasurer will give you y e State of 
his office & what is wanting. 

whatever is before you for y e benefit of y e Province and Her Majes- 
ties Service I Shall putt forward as is my duty 



44 PROVINCE OF MEW HAMPSHIRE. [ l 7^3 

The House mett according to Adjournment & Present 
M r Speaker M r Jones M r Thing 

Mag r Smith Cap 1 Gilman M r Rendall 

M r Jaffrey M r Tillton M r Keis 

Cap 1 Atkinson M r Mastyn 

The House is adjournal to y e 14 Ins* ten a Clock in y e morning — 

* 1-65 * July 14 th The House mett ^sent 

M r Speaker Cap* Gilman M r Rendall 

Maj r Smith M r Maston M r Atkinson 

Cap 1 Hill M r Thing M r Tilton 

Cap* Tim Garesh M r Jones Geo : Jaffrey 
Sam 1 Keis 

M r Sam 1 Thing was Qualified a Member of y e House in y e Room 
of Theophilus Dudley Esq r of Exiter deceased — 

* 1-66 * Voted Theodore Atkinson Esq r & George Jaffrey a Committe 

to Joyne w th y e Committe of y e Upper House to Draw up a 
Congratulatory address to y e Queen upon y e News of a Peace — 
The House is Adjourned to y e 15 th Inst 9 a Clock 

July y e 15 th The House mett according Adjournment and Present 
M r Speaker M r Mastyn M r Keis 

Mag r Smith M r Jones M r Jeffry 

Cap* Gilman M r Tillton Cap 1 Hill 

Cap* Gerrish M r Rendall M r Atkinson 

M r Thing 
Upon a Due Consideration of an Act of Impost 
Voted That there be no Impost for y e Insueing year 

Past by y e House Sam 11 Keis C r 

The House is Adjourn'd for two hours 

The House mett according to Adjournment and all Present as in 
y e morning. 

The House is Adjourned to y e 16 Ins* 9 a Clock — 

July 16 th The Hows Mett: acording to Ajornment : Except Cap* 
Hill, and : M r Gcorg : Jeffryes : M r Jeffry Come sone after 

Voted That Jn° Plaisted Marke Hunking & Jn° Wentworth Esq r be 
a Com'itte for this Province to Joyne w th a Com'itte that shall be 
Appoynted by y e Generall Assembly of y c Massathusetts to run y e 

devideing line between the Provinces According to the Royall 
Charter Granted to the Massathusetts 

* 1-67 * The House Is Adjorned for 2 howers 



1 71 3] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 45 

The Howse Met according to Ajorment Excepting Cap 1 Hill and 
M r Jeffrys : M r Jeffry Came sone after 

The House is Proroged to Wensday y e 2 of Sep* @ 10 Clock in y e 
morning. — 

Memorandum upon the 16 th day of July 171 3 that M r The Dudley 
and Cap 1 Nichols Gilman Took out there Debentors from the tenth of 
may 171 2 to the day above S d 

Nicholis Gilman 29 days 
The°Dudly 13 d 

May It Please your Excellency. — 
M r Trreasurers Memorial Is before Us by w ch Wee find the Province : 
Is In D 1 but In the Same Wee find ometed What goods Wee Left 
at Anopolis and sundry 3 In his hands which Wee ought to have : C 1 
for — Wee have ben Considering Many Ways, to Raise Money for 
the payment of What Shall be Due In Decemb r next but Cannot att 
present know What the Sum Is ; before which time Wee hope there 
May be a Way for Raising the money then Due 
Voted That the Excise be Continued for one year 

* 1 71 3 Sept r 2 d The House mett according to Prorogation * 1-68 
f sent 

M r Speaker Geo : Jaffrey M r Atkinson 

Maj r Smith Eph a Mastin Sam 1 Keis 

The House is Adjourned to y e 3 d Inst 2 a Clock afternoon — 

Sept r 3 th The House mett according to Adjournment — p r Sant 
M r Speaker M r Gaffrey M r Atkinson 

Mag r Smith M r Mastin Sam 11 Keis 

The House is adjourn'd to Thursday y e 10 Ins 1 @ 2 a Clock in y e 

afternoon 

Sept r 10 th The House Mett f sent 

M r Speaker M r Rendall Geo : Jaffrey 

Theod r Atkinson Eph ra Mastin Sam 1 Keis 

The House is Adjourned to thirsday the 17 th Ins 1 

* Septb r 17 th The House mett according to Adjournment — * 1-69 
p r sent 

ye Speaker Cap 11 Hill M r Keis 

M r Geo : Jaffrey M r Rendal M r Atkinson 

The house Is by his Excellencys Letter prorouged Untill Wensday 

the fourteenth of October Next 



46 PROVINCE OF NEW HAMPSHIRE. [1713 

octob r 14 th The house mett according to Prorogation and ^Sent 

y e Speaker Cap" Gilman Sam 11 Keis 

Geo : Jaffrey M r Rendal Atkinson 

Cap" Hill 

The house is adjorned to thursday y e 15 Ins" — 

octob r 15 th The house mett according to adjournment ^Sent 

y e Speaker Cap" Hill Atkinson 

Geo : Jaffrey Sam 11 Keis 

The house is adjourned to thursday y e 22 th Ins" — 

Oct r 22 d The House mett. ^gSant 

M r Speaker Theod r Atkinson Esq r Geo : Jaffrey 

Cap' Hill James Rendall Sam 1 Keis — 

Eph r Mastin 

p r order of his Excellency the House is Prorouged to Wedensday y e 

28 th Instant— 

* 1-70 * Octob r 28 The House mett according to Prorogation and 
^sent 
y e Speaker Ephra m Mastyn Sam 11 Keis 

Theod r Atkinson Esq r Nath 11 Hill James Randel 

The House is Adjourn'd to Tuesday y e 4 Novb r 

nob r 4 d The house mett according to adjournment ^sent 

y e Speaker M r Geo : Jaffrey M r Sam 1 Keis — 

Theod r Atkinson Esq r Cap 1 Nath 11 Hill 

The House is Adjourn'd to Wensday y e 1 I th Ins" — 

Nob r 11 th The house mett according to Adjournment ^ r Sent 
y e Speaker M r Geo : Jaffrey 

M r Sam 11 Keis Cap" Hill 

The house is adjourned to wensday y e 18 th Ins" 

Nob r 18 th The house mett according to Adjournment ^ r Sent 
y e Speaker Sam 11 Keis — 

The house is adjourned to wensday y e 25 th Ins" 

Nob r 25 th the house mett According to Adjournment ^ r Sent 
y e Speaker Theod r Atkinson Esq r Sam 11 Keis — 

The house is Adjourned to wensday y e 2 d Desb r 



1 714] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 47 

* Dsb r 2 d The house mett According to Adjourment * 1-71 
fSent 

y e Speaker Eph a Mastyn 

Theod r Atkinson Esq r Sam 11 Keis — 

The house is Adjourned to Wensday y e 9 th Ins" — 

Dsb r 9 th The house mett according to Adjourment ^ r Sent 
y e Speaker Eph a Mastyn 

Theod r Atkinson Esq r Sam 11 Keis — 

The house is adjourned to Wensday y e 16 th Ins" — 

Dsb r 16 th The house Me^tt according to Adjourment ^ r Sent 
y e Speaker M r Geo : Jaffrey 

Theod r Atkinson Esq r Sam 11 Keis — 

The house is Adjourned to Wensday y e 23 d Ins" — 

Dsb r 23 d The house mett according to adjourment ^ r Sent 
y e Speaker Geo : Jaffrey Sam 11 Keis — 

The house is adjourned to Wensday y e 30 th Ins" — 

* Dsb r 30 th The house mett a ccording to Adjourment * 1-72 
f r Sent 

y e Speaker M r Geo : Jaffrey m r Sam 11 Keis — 

The house Is Adjourned to Wensday y e 6 th Jan r next 
Memorandum y 1 Major Joseph : Smith M r Effrime : Mastins and M r 
Daniell : Tillton : had Ther Debenters : for all ther servis One y e 
Asembly from octo r y e fiftenth 1712 : To : Desemer y e 25 : 1713 : 
Smith 27 Tilton -17 Mastins 144 

Jan r 6 th The House mett according to Adjournm 1 ^Sent 
y e Speaker M r Keis 

Geo : Jaffrey Eph a Mastin 

The House is Adjourned to Wensday y e 13 th Inst — 
Jan r 13 th The house mett according to adjournm" ^ r Sent 
y e Speaker Eph r Mastyn Sam 11 Keis — 

The house is adjourned to wensday y e 20 th Ins" 

*Jan 20 th The House mett according to Adjournment * 1-73 
f r sent 

y e Speaker Geo Jaffrey 

Theo r Atkinson Esq r Sam 11 Keis 

P r order of His Excellency the House is Prorouged to Wedensday 
the 3 Day of Feb r next 



48 PROVINCE OF NEW HAMPSHIRE. [*7 l 4 

Feb r 3 The House mett according to Adjournment ^ r sent 
y e Speaker Sam 11 Keies 

Geo : Jaffrey Cap" Hill 

P r order of His Excellency the House is Proroug d Wedensday y e 3 
Day of March next 

March 3 d The House mett ^sant 

y e Speaker Eph ra Mastin Sam 1 Keis — 

Maj r Smith Geo : Jaffrey 

p r Ord r of y e Govern 1 " the House is Proroug d to Wensday y e fifth of 
May — 

March y e 3 d i7' 3 /i4 Memorandum y l Cap 1 Richard gearish M r george 
Jefryes and Sam 11 Keais Had Thay r Debentors : for all Thaier servis 
one y e : Asembly from y e 19 th of March 1712 : To March y e 3 d I7 I3 /h 
gerish 65 days Jeffrys — 57 : Keais — 64 — 

* 1-74 * 1 714, May 5th The House Mett According to Prorouga- 

tion ^Sent 

M r Speaker Cap 1 Gerrish M r Mastin 

M r Atkinson Cap 1 Gilman Geo : Jaffrey 

Maj r Smith M r Thing Sam 1 Keis — 

Voted That Kings Town be Impowerd and Notifyed to send a Rep- 
resentative to Sett In the Gen 11 Assembly by order of the house 
Copie 5 May 1714 Sam 11 Keais Cler 

The House Adjourned to 3 a Clock post mer d 

The House mett Accordingly — 

Copie of the Govern rs Speach 

Council Chamber at Portsm 5 May 1714 
Gentlemen./ there are Eighten monts past Sence the Comittees 
of the Council and Representatives have Set to draw up the fform 
and State of the Local Laws and orders in force in the Province, I 
desire they may be directed to mack y e return of there proceedings 
that further provision may be made where any defect is to put for- 
ward Her Majesties Service and the good Goverment of there prov- 
ince : / 

The Gentlemen of the Representatives are Senteble that y e Last 
gain tax, and what is allso provided for the fore years net 

* 1-75 comeing is what is necessary to draw in y e Bills Credit * and 

thereby to discharge the province Debt and noeing soe that 



1 7 14] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 49 

there is noe provision made for the Anual tharge of y e Goverment ; 
the ffort and other contingent Charge sence the abatement of the Im- 
post which I recommend againe to your Consideration that it be 
forthwith laid, and the Excise ffarmed or otherwise disposed, Soe as 
it may be a Service to the province and assist in Ease of the Land tax 
as it is allways intended I have lately Intelligence from the Gentle- 
ment Sent to Canada for the releife and return of y e prisoners there 
and am now determined to Send a Ship to Quebeck to receive them 
of this province wherein the'prisoners will demend your proportion of 
Charge and I think it best that a Gentleman of yo r province be there 
to assist y e negotian which otherwise may be Entangled and ineffect- 
ual — You will alsoe consider and Represent to me what there of the 
Trade with y e Indians you judge proper to hold for there Soply and 
prevention of there dependance upon the ffrench wile thay live upon 
English ground You will Lastly determine wherther there be any 
provision by way of repetition to be made to y e Treasary for y e Currant 
tharge in which as in Every thing relatening to y e benfit of the pro- 
vince nothing Shall be wanting for Her Mjestes Service on my part/ 

An Act for prevention of Pedlers &c : Passed And sent up to the 
Govern 1 " & Councell 

The House Adjourned to y e 6 th Ins 1 8 a Clock ante Merid n 

6 May The House Mett present 

M r Speaker Jones Keais 

Jeffrey Hill Atkinson 

Gerrish Thing Marston 

Gilman Smith 

* Several Acts Voted * 1-77 

1 An Act About partitian of lands & legacies 

2 An Act for Releife of Idiates &c 

3 To prevent mens Sons & Servants Absenting &c 

4 To prevent Default in Jurors &c 

5 To prevent Incestuous Mariages 

6 To Make lands Lyable to pay D ts — 

7: To Prevent Murdering Bastard Children 

8 : To Prevent Incroachment on High Ways 

9 : Against Receiving Stolen Goods 

10 : Provideing in Case of Sickness 

1 1 : Regulateing Prisons in Case of Escapes 

12 : Provideing for Post Humus Children 

The House Adjourned to 3 a Clock Post Merid n 
The House Mett Accordingly. — 



50 PROVIN'CE OF NEW HAMPSHIRE. [ 1 7 I 4 

13: Directing the Proceedings against forceable Entry and De- 
tainer 
14: for the Conveniant and speedy Assignment of Dower 

15 : Relateing to Attorneys — 

16 : to Prevent Disorders in the Night 

1 7 : About Execut™ & Administ rs — 
18: About Cord Wood 

The House Adjourned by y e speaker to y e 7 th Inst 9 a Clock Ante 
Meridi n — 

* 1-78 * No 19 an Act Against High Treason 

20 an Act against Shiping of Horses 

22 an Act for supply of y e Ministry 

23 an Act concearning Births & Burialls 

24 An Act About Prudential affairs 

25 An Act for Appoynting y c sherife to keep the Comon Goal 

26 an Act about Fees 

27 an Act against Hawkers & Pedlers — 

* 1-79 * May 7 th The House Mett ^sent 

M r Speaker M r Jones M r Tilton 

Maj r Smith M r Atkinson Geo : Jaffrey 

Cap 1 Hill Cap 1 Gerrish Sam 1 Keis 

Cap 1 Gilman M r Thing Mastines 

The House adjourned to 3 a Clock and Mett accordingly — 
The Peticion of Coll Parker M r Wibird &c in behalf of them 
Selves and Sundry Inhabitants of y e Parish of Portsm Read And 
Ordered thereon that Cap 1 Pickrin & M r W m Cotton be notifyed to 
attend y e House at 4 a Clock to Answer thereto. 
The House adjourned to y e 8 th Ins 1 9 a Clock — 

May 8 lh The House Mett f r Sent 

y e Speaker M r Jones Mag r Smith 

Cap 11 Hill M r Thing M r Jaffrey 

Cap 11 Gillman Sam 11 Keis Mastine 

Cap" Gerrish M r Atkinson 

The House adjourned p y e Speaker to Monday ten a Clock being 

y e 1 o ,h Inst — 

10 May The House mett Except Mes rs Hill Randell and Tilton — 
May 10 th 1 714 Sam 1 Esman Qualifyed to Serve in This House Rep- 
resentative for the Town of Kingston 

* 1-80 * The House Adjourned to y e 11 th Inst 9 a Clock in the fore- 

noon 



1 7 14] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 5 I 

May 11 th The House Mett ^sent 

M r Speaker M r Eastman M r Mastin 

M r Atkinson Sam 1 Kaeis Maj r Smith 

M r Thing M r Jones Geo : Jaffrey 

Cap 1 Gerrish Cap 1 Gilman 

Cap* Giles Brought an Acco 1 of his attendance and Expences on 
y e Indians am° to 9,, n„ 2 on which is allowed three pounds which is 
more than y e Proportion of this Prov : 

The House Adjourned to 3 a Clock — and Mett accordingly. 

The House Adjourned to y e 12 th 8 a Clock. 

May 12 th The house Mett f Sent 

Speaker Cap* Gerrish M r Mastyn 

M r Jaffrey M r Easman Mag r Smith 

M r Thing M r Jones Sam 11 Keis 

Cap 1 Gilman 

The Peticion of Green Land and Bloody Poynt Read and Consid- 
ered, and 

Voted That M r Speaker Gerrish & Geo : Jaffrey be a Committe to 
Joyne with Cap 1 Sam 1 Weeks and Lt Jn° Downing to ascertain y e 
Limitts of y e Parishes of Green Land & Bloody Poynt &c — 
Coll Waldron & Cap" Hunkins be added as a Comitte at this board 
to Joyn w th the above Comittee Cha : Story Secretary. 
* Voted that Each parrish have power within them Selves to * 1-8 1 
tax and Asses there Several Inhabitants to there parrish 
Charges and that they annually Choose three persons to tax y m and 
y r Warrants to be signed by a Justice of p s as Usuall — 
May 12 1 714 past y e House. 
Considering y e Great and Extra Charge that may arise upon sending 
a Gentleman of this Prov : to negotiate y e affair of Redeeming our 
Prisoners that are at Quebeck. 

Voted That his Excellency y e Govern 1 " be Desired to Improve y e 
Gentlemen sent from y e Massathusetts to transact that Buisiness 
for us and Wee will Pay our Quota of y e Charge in proportion to 
the Number of our Prison rs that may be Returned. 
And if none to be Obtained Wee Will Gratifye y e Gentlemen for 
the Trouble and Charge they may be at in Inquireing after them 
May 12 th 1 714 — Past y e House — 

The House adjourned to 3 a Clock and Mett accordingly. — 
The Last years Tax being Pay'd into the Treasury in Massathu- 
setts Road Island & Connecticut Bills, and the Burning of them Do's 



52 PROVINCE OF NEW HAMPSHIRE. [ 1 7 I 4 

not answer y e ffund of this Province and to avoy'd Charges that may 

arise in Changing them into Bills of this Province. 

Voted That the Last Province Tax Being fifteen hundred pounds 
be Let to such Severall Persons as Will Give Good and sufficiant Se- 
curity of Land Estate within the Province Oblidgeing themselves 
to Repay the same within one Year in New Hampsh r Bills, and that 
a Committe be appoynted therefor — 

Voted M r Speaker M rs Atkinson & Jeffry be a Comitte to Joyne 
with some of the Gentlemen of the Councell to lett out the Above 
Money and that It be let for two years At two an half per cent — 
Coll Waldron M r Penhallow & m r Plaisteed Comitte of y e Coun- 
cell 

* 1-82 * May 12 th 1714 The House Adjourned ^ the Speaker to y e 

14 th Ins 1 10 a Clock in y e Morning 

May 14 th The House Mett ^sent 

M r Speaker M r Thing Sam 1 Easman 

M r Atkinson M r Jones Cap 1 Gilman 

Cap 1 Gerrish Geo : Jaffrey Cap 1 Hill 

Sam 1 Keis Eph a Mastin 

Voted That be An Act of Impost for One Year on these Severall 
Commodity's Imported into the Province viz 1 

Rum Eight shill $ hh d & f Pro Rato for bar 5 

ffayall Wine five shill f Pipe 

Madera Wine Seven shill ^ Pipe 

Mellasses two shill f hh d 

suger two shill ^ hh d & Pro Rato for bar 5 

Tobacco three shill f hh d 
with a Draw Back of three Quarters if Exported within six months 
after Importation — 

And that there be one shill ^ m Payd by y e Exporter for all 
boards Exported 

Pine plank two shill ^ m 

Oak D° three shill f m 

Red Oak hh d staves sixpence "$ m 

white oak D° nine pence ^ m 

Pipe Ditto one shill $J m 

The House Is adjourned to 3 of y e Clock mett accordingly — 

* 1-83 * May 14 111 Voted That there be an Act to Prohibit the Im- 

portation of Indian Slaves into y e Province upon y e Penalty 
of forfeiting ten pounds for each Indian so Imported to be Pay'd 
into the Treasury for the use of y e Province. 



17 14] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 



53 



Voted That Twelve hundred pounds in Bills of Credit on this Prov- 
ince be forthwith Impressed and signed by the Committe and ap- 
plyed to the Payment of the Province Debts that are allowed by 
the Committe for Auditing y e Province Acco ts and approved of by 
the Generall Assembly. And that an Act be Drawn up accord- 
ingly and that the same be Repay'd in y e year 1719 — . 

Voted That all New Hampsh r Bills that for the future shall be 
Pay'd into the Treasury shall be accepted with y e advance of five 
f Cent. 
The House Adjourned to 8 a Clock y e 15 th Inst. 

May 1 5 th The House mett ^sent 

M r Speaker $l T Keis M r Jones 

Maj r Smith M r Atkinson M r Esman 

Cap 1 Tim° Gerrish Cap* Hill M r Mastin 

M r Thing Cap 1 Gilman Geo : Jaffrey 

The house Is adjourned for one houre & Mett Accordingly — all 

Present as above 

* May 15 th 1 714 Voted That the Laws now Passed now & * 1-84 
all other former Laws w ch shall be thought needfull by y e 

Govern 1 " & Councill be Collected into a Book and Printed & that 
the Committee appointed to Revise y e Laws of this Prov : see 
them Effected — M r Daniel Tilton A Member of this House being 
Infirm & Antient Desires a Dismission therefrom 

Voted That the s d Tilton be Dismised And That the Town of 
Hampton be Notifyed to send A Member In his Room the next 
siting of this house 
The House by the Gov: Prorouged To Wensday the 11 th Aug: 

next 

* July 22 d 1 714 p r Order of his Excellency y e Govern r The * 1-85 
House mett ^sent 

M r Speaker Gerrish Cap 1 Tim° Gerrish James Rendall 

Maj r Smith M r Atkinson Geo : Jaffrey 

M r Jones Eph a Mastin Sam 1 Keis — 

Govern rs Spech 
Gentlemen Prov : New Hampsh r 

I am here upon an Interview & Speech with y e Indian Sachems of 
y e Severall Eastern tribes to Settle y e Trade and Commerce between 
her Majesties Good Subjects of these Provinces and y e Said Indians 
and have Directed this Extraordinary Session of the Assembly that 
I might have your Assistance and Advice in any thing that may 



54 PROVINCE OF NEW HAMPSHIRE. [l7H 

Occur of Benefitt to the Province you shall be present at the Indians 
Attendance to Discourse and have Oppertunity to offer any thing 
thereupon afterwards. And I am to Acquaint you that the Proroga- 
tion to the i I th of August next is yet Continued without Interruption 

J Dudley 
The Petetion of Sam 11 Penhallow Esq r being Read for the Appear- 
ance of the two setts of Select men in the Town of Portsm on Sator- 
day Morning Next at 10 of Clock 
Voted A Concurrence 

* 1-86 *July22 d i7i4 The House Adjourned to the 23 d 9 a Clock — 

The House mett & present 

y e Speaker Cap" Atkinson M r Jones 

Mag r Smith M r Jaffrey M r Mastyn 

M r Rendal Cap" Gerrish M r Keis — 

The House adjourned till four a Clock 

The House mett and ^sent as above 

The following was sent Down from y e Govern 1 " & Councill 

In Council 24 th July 1714 

Information being given to this Board that there is Offence taken 
by y e Assembly of her Majesties Province of y e Massathusetts at the 
Act of Impost and Duty's of Exportation Lately made in this Prov- 
ince 

Ordered that Sam 1 Penhallow and Marke Hunking Esq 1 ' 5 be a Com- 
mitte from this Board to Joyne with a Committe of y e House of Rep- 
resentatives to meet and Confer with such Gentlemen as the Gover- 
ment of the Massathusetts shall Direct for that Purpose to take away 
any Just offence at y e said act for that We would avoy'd any Misun- 
derstanding between the two Goverm ts of Her Maj -ties Provinces so 
happily United for the Common safety and Preservation of Each 
other. 

Past in the Councill nemine Contradicente Cha : Storey — 

To which it is answered viz 1 — 

* 1-87 * Wee are Humbly of Opinion That It is Inconsistant with 

y e Hon 1 ' of y e Goverm 1 of this Province to Appoynt any Com- 
mitte to be Chosen to Confer w th Such of the Massachusetts, about 
any Law of this Prov : 

If they are Agreived by any Act upon their Intimation thereof and 
Desire to Treat with us thereon We will then Appoynt a Committe 
to Confer with theirs 

But in y e mein time We Pray his Excellency y e Govern 1 " to Give 
them all Imaginable assurance that We had no Intention to affront or 



1714] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 55 

Injure there Go verm* by Passing any Act and hope they'l have no ill 
Resentment thereof — 

The House adjourned to y e 24 th 9 a Clock — 

July 24 th The House Mett f sent 

M r Speaker Cap* Gerrish Geo : Jaffrey 

Maj r Smith Ephr a Mastin Sam 1 Keis 

M r Jones M r Atkinson Cap* Nich Gilman 

The House Adjourned to 3 a Clock 

Mett Accordingly & Presant as above — 

To His Excellency Joseph Dudley Esq 1 ' Govern 1 " &c. And to y e 
Honourable y e Councill & Assembly &c. 

The Peticion of Sam 1 Penhallow Esq 1 " Treasurer and Receiver Gen- 
erallof Her Majesties Province of — Most Humbly Sheweth — 
* That the Selectmen of y e Town w th y e Assessors are by * 1-88 
Law Impowered by Law to Lay y e Taxes throughout this 
Province and the Treasurer is by Law Impowered to Direct his War- 
rant Accordingly. Yet so it is that By Reason of y e Unhappy Dif- 
ference in y e Parish of Portsmouth There are two Setts of Selectmen 
Assessors & Constables Chose for y e Present Year. And it Being 
Beyond my Power to Determine to Whom I should Direct my War- 
rant for the Leveying of the Tax Granted unto her Majesty for y e 
support of y e Goverment Defence of the Province and Payment of y e 
Publick Debts which will be to y e Detriment hurt & Dishonour of 
Her Majesties Province Doe humbly Pray that y or Excellency and y e 
Honourable Assembly will give such Direction herein as you in Wis- 
dom shall see meet which shall Readily be observed by 

Y or Excellency's & Hon rs Most Hum 1 Serv* 

Sam 1 Penhallow 

Ordered that the two setts of Selectmen be notifyed_to Appear on 
Satturday morning ten a Clock — 

To Which Piticion Wee Answer on hearing the Qualifications of the 

two setts of Selectmen in Portsmouth Wee Are Humbly of Opinion 

That the Selectmen Chosen at the New Meeting House on y e 7 th 

June last are the Persons that the Treasurer Ought to send 

his Warrant to for the Collecting such * Money as hath bin * 1-89 

Granted to her Majesty this Present Year. Past y e House 

of Representatives 24 th July 1714 — 

The House Adjourned to y e 26 th Inst 9 a Clock — 



56 PROVINCE OF NEW HAMPSHIRE. [l7H 

26 th The House Mett $>sent 

M r Speaker Geo : Jaffrey Eph a Mastin 

Cap 1 Oilman Theo : Atkinson Sam 1 Keis 

Dan 1 Tilton Cap 1 Gerrish 

The House Adjourned to 3 a Clock And Mett accordingly — 

The House Adjourned to y e 27 th ^sent 

M r Speaker M r Thing Eph a Mastin 

M r Atkinson Cap 1 Gerrish Geo : Jaffrey 

Cap 1 Gilman Maj r Smith Sam 1 Keis 

Dan 1 Tilton M r Jones 

The House adjourned to y e 28th 

* 1-90 *The House Mett f sent 

M r Speaker Cap 1 Gilman Geo : Jaffrey 

Maj r Smith Eph a Mastin Sam 1 Keis 

Dan 1 Tilton Cap 1 Gerrish The : Atkinson Esq r 

M r Thing 

Voted Theod r Atkinson Esq r and Geo : Jaffrey Be a Committe to 
Joyne with y e Committe of y e Councill to Confer with y e Committe 
of y e Massathusetts about their Being offended at any Law of this 
Province and make Return thereof to the Generall Assembly 

Voted a Concurrence w th y e Ord r of y e Govern 1 " & Councill viz 1 That His 
Excellency appoynt five Selectmen out of y e Nine Chosen to serve 
this ^sent year untill y e 25 th March &c and Considering the Regu- 
larity of y e Town Meeting at y e New Meeting House on the y e 7 th 
June Wee Confirme the Town Clarke and all other officers then 
Chosen and the Votes then Passed about y e New Meeting House — 

The Peticion Relateing to a Bridge at New Castle Refered to y e Next 
Session of y e Assembly viz 1 y e 11 th of August 

* 1-91 *Adjorned Untill the 29 th Ins 1 Eight of the Clock Present 

as before — 

29 July Mett According to Adjornment And Prorouged to the 11 th 
of August next 

Memorand. M r Sam 1 Thing had : A Certificate The 29 of July : 1714 
23 days 

July 29 1714 Memorandum This may sertify all Concerned y 1 Cap 1 
Nickholas gillman had his Debenter for all his servis one y e Asem- 
bly for y e Towen of Exitor from y e 16 th of July 171 3 To July y e 29 th 
1 714 : 24 : days Sam 11 Keais Clark 



1 714] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 57 

Augs 1 1 1 The House mett according to Prorogation & Present 

M r Speaker M r Jaffrey Cap 1 Hill 

M r Atkinson M r Rendall Sam 11 Keis 

M r Mastyn 
The House is Prorouged to Wensday y e 8° Sep r next. — 

* Septb r 8 th The House mett according to Prorogation * 1-92 
f sent 

y e Speaker Cap" Hill M r Rendal 

M r Geo : Jaffrey Mag r Smith Sam 11 Keis — 

The House Is adjourned to Thursday y e i6 lh Ins" 

Sep r 16 The House mett according to Adjournm 1 & Present 

y e Speaker M r Geo : Jaffrey Sam 11 Keis 

fJ r ord r of His Excellency the House is Proroged to Wedensday y e 3 
Nov r next 

1 714 Oct 1 " I st ^ r Order of His Excellency The House mett ^sent 
M r Speaker Cap 1 Hill M r Jones 

Cap 1 Tim° Gerrish Geo : Jaffrey Sam 1 Keis 

The House adjourned to y e 2 d Ins" a 11 Clock — 
Province of Newhamshe r 

Thes may sertify All Consernd y 1 Cap 1 Timothy gerrish has served 
her Majesty In generall Asembly for y e Towen of Dover : from De- 
semb r The 18 th to Sep 1 y e 16 th 1714 

* Octob r 2 d The House Mett f sent * 1-93 

M r Speaker Cap 1 Gilman M r Gerrish 

Maj 1 Smith Geo : Jaffrey M r Keis 

Cap 1 Hill M r Jones Eph ra Mastin 

Voted That there be a Congratulatory Address Presented to His 
Majesty on his accession to the Brittish Throne — 
And That He be Addressed in ffavour of His Excellency That He 
be Continued Govern 1 " — 
The House Adjourned to y e 3 d of November According to former 

Prorogation — 
Memorandum : Thes may sertify all Concern d y 1 Cap 1 Timothy ger- 
ish : has served one y e Asembly for y e towen of Dover : ffrom De- 
sember y e Eighth 171 2 to octo 1 " y 2 d : 17 14 : — 36 days: Allsoe : 
Cap 1 Nathaniel Hill has served one y e Asembly for y e towen of 
Dovore from Desembr y e 18 th : 1712 : to octo r y e 2 d : 17 14 69 days 
Thes may sertify all Consernd y 1 M r Steven Jones has served one y e 



58 PROVINCE OF NEW HAMPSHIRE. [i 71 5 

Asembly for y e Towen of Dover ffrom Desember y e 18, 1 712 to octo r 
y e 2 d 1 7 14: 39: clay Sam 11 Keais : Clark 

* 1-94 * Memorandum y l Maj r Smith Ephrim Masten, and Daniel 

Tilton had ther Debentu rs for Terr. Servas one y e Asembly 
from Desember y e 25 : 1713 : to OctoberJy e 2 d : 1714 — 
Smith 27 days Mastins 38 days Tilton 07 : days 

Nob r y e 3 d The House mett according to Prorogation "g'sent 

y e Speaker M r Jones 

M r Jaffrey M r Keis — 

The House is adjourned to thursday y e 4 th Ins" 

Nov 1 ' 4 th Mett f sent 

M 1 Speaker Geo: Jaffrey Sam 1 Keis — 

Cap 1 Hill The Atkinson Esq r 

The House Adjourned to fryday y e 5 th Ins 1 
5 th Novem 1 The House Mett Present 

M r Speaker Gerrish Atkinson 

Rendell Hill Keais 

Jaffrey 

and sent for by the Councell Who by Vertue of his Excellencys 
Leter Dissolved the Assembly. 

* 1-95 * Memorandum y l Cap 1 Richard Gerrish M r georg Jeffry and 

Sam 11 Keais had ther Debentures for all Ther Servis one y e 
Asembly for y e Towen of portsm from March y e 3 d i7 I3 /i 4 to No- 
bem r y e 5 th 17 14 35 days Apese : — 

Theo : Atkinson had his Debenter from the 3 d July 171 2 to the De- 
solving the Assembly Ninety Eight Dayes 

James Rendell from the same time forty Eight Dayes 

* 1-96 * Cap 1 Richard Ger- Maj er Joseph Smith Cap 1 Timoth ger- 

rish rish 

M r georg Jeffryes M r petter Wier M r Steven Jones 

Sam 1 Keais Joshua Winget M r John Downing 

M r Theoder Atkinson Sam 11 Thing Sam 1 Estman 

M 1 ' Jothan Odihorn Nickholas Gillman 

* 1-97 * 171 5 Province of New Hampsh r — 

Att a Generall Assembly Call d By His Excellency Joseph 
Dudley Esq' Govern 1 ' & Command 1 " in Cheife of Said Province on the 
13 th of Aprill 171 5. 



171 5] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 59 

The Members Elected ^ the Severall Towns Returned as Ffc-1- 
lows — viz 

for Portsm for New Castle 

Rich d Gerrish Esq r Theod r Atkinson Esq r 

Geo : Jaffrey — Jotham Odiorn 
Sam 1 Keis 

for Hampton Dover 

Maj r Joseph Smith Cap 1 Tim Gerrish 

Peter Ware Jn° Downing 

Joshua Wingate Stephen Jones 

Exeter Kingston 

Sam 1 Thing Sam 1 Easman 

Nich° Gilman 

Sam 1 Penhallow Esq 1 ' & Jn° Plaisted Esq r Being Appoynted Did 
Administ 1 ' the Oaths of allegiance &c for Qualifying y e Above Mem- 
bers — y e 20 th of Aprill 171 5 —to y e Whole House Except M r At- 
kinson Cap* Nich° Gilman & Sam 1 Easman they being Absent 

*I7I5 Ap 1 20 th The House Mett & Qualifyed * 1-98 

Voted Richard Gerrish Esq r Speaker Who being Presented 
to His Excellency and Accepted Accordingly — 
Voted Sam 1 Keis Clarke of y e House — 

The House Sent for by his Excellency who Presented The fallow- 
ing Speach 

Province of N Hampsh r 

Gentlemen Portsm 20 th Ap 1 171 5 — 

By the ffavour of the Allmighty God and the Indulgence of His 
Majesty the Best of Kings, You Are at this Time Assembled and 
there is Nothing Necessary for the Ease & Benefitt of this His Ma- 
jesties Province, But I shall Readily Come into and put forward when 
it shall be Offered. 

I have Directed M r Treasurer to Lay before You the Present state 
of Your Debts w ch You will Provide for : The Tax now Collecting 
will be no Assistance therein being Ordered to be Pay'd in Bills of 
Credit of this Province that they may be Burnt in Pursuance of the 
Act of Assembly, and in that Case made and Provided. I Judge it 
best for the Assembly to use all proper Methods to get out of Debt 
whilst We are in Peace that We may be more Capable and Ready for 
what shall be Necessary to Establish and Advance the Growth of y e 
Province & Defence for y e ffuture Joseph Dudley 



60 PROVINCE OF NEW HAMPSHIRE. [ I 7 I 5 

. * 1-99 * For the Regulateing the House the Articles in y e Other 

End of y c Book Were 
Voted The Rules of this House Being Ten in Number — 

The House Is adjorned to thirsday y e 21 th Ins" Nine a Clock — 
Ap 1 21 st The House Mett ^sent 

M r Speaker Sam 11 Esman M r Ware 

Maj r Smith Theo : Atkinson M r Sam 1 Thing 

Capt Tim Gerrish Cap 1 Wingate Geo : Jaffrey 

Cap 1 Odiorn Cap 1 Downing Sam 1 Keis ■ — 

M r Jones 
Sam 1 Easman being Elected Representative for the Town of Kings- 
ton and Returned Accordingly, Was Qualifyed by Takeing the 
Proper Oaths Administ rd by Jn° Plaisted Esq r & M r Sherife Phipps— 
The House Adjourned by y e Speaker to two a Clock afternoon — 
Mett Accordingly & Present ut Supra with M r Esman — 
Voted That There be a Committe of Both Houses Appoyn td to Ex- 
amine the Province Acco ts and Make Returns to y e Generall As- 
sembly from time to time : Voted M r Speaker M r Atkinson & 
M 1 ' Jaffrey & Maj 1 ' Smith The Committe of this House — 

* 1-100 *iyi$ The House Adjourned "§ the Speaker to y e 22 d In 5 * 

9 a Clock — 

Ap 1 22 d The House Mett ^sent 

M r Speaker M r Peter Ware M r Easman 

Maj r Smith Cap 1 Odiorn Geo : Jaffrey 

M r Thing M r Jones Sam 1 Keis 

Cap 1 Tim° Gerrish Cap 1 Wingate Theo : Atkinson 
Cap 1 Downing 

Voted that there be a Comitte of both Houses Apponted to Exam- 
ine the Province Acco lls And make Returne from time to time to 
the Generall Assembly 
April 21 171 5 "$ : order of the House Sam 11 Keais CI 1 ' 

Voted by the Councell that Rob 1 Eliot John Plaisted & Mark H unk- 
ing Esq rs being A Comitte to Joyn with such As Shall be Appoin- 
ted by the Represent 5 to Examin the Acco ls of the Pro : 

Tho s Phips ^ : order 
Voted M 1 ' Speaker Gerrish Mess Atkinson Jeffrey and Smith the 
Comitte of this house to Audit Acco ls pursnt to the Above Vote 

^ : order Sam 11 Keais Cler : 

* 1-101 * New Hampsh r 

at a Generall assembly held at portsm 20 Aprile 171 5 



1 71 5] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 6 1 

Whereas by y e Return of y e Committee from Dover it appears there 
is no agreement about y e meeting house at Cochecho — ordered that 
a committee of both houses be chosen to Go to Dover to view both 
meeting houses there & Enquire into the Scituation of y e Inhabitants 
there about & make Report which of the two houses (since y e sepera- 
tion of Newington best serves the remaining Inhabitants to meet 
Constantly to attend y e publicke Worship of God on the Lords Day & 
y l the Selectmen of y e Town to be Notified to attend y e Committee in 
this affair at y e old meeting house on Dover necke on Munday next at 
ten of y e Clocke & the Committee to make there Return to y e assem- 
bly on tuesday following — past by the Councill Who have Chosen 
Cap 1 John Plasteed I to Joyn w th 2 : Chosen 
& Cap 1 Marke Hunkin J by y e house of Representvs 

Voted y t m r Samuell Thing and M r peter Weare be a Committee of 
this house to Joyn with y e above Committee — 

April 21 st 171 5 ^pr order of House of Representes 

Sam 11 Keass Clarke 

Ap 1 22 d Voted Maj Smith & Theod 1 ' Atkinson Esq 1 " a Comitte to 
Joyne with the Gentlemen of y e Councill to make Return abt the 
Goal. 
The House Adjourned to 2 a Clock — 

The House mett ^sent 

y e Speaker M r Peter wire Cap* Jn° Downing 

Mag 1 ' Smith Cap" Odiorn M r Easman 

M r Thing m r Jones Cap" Atkinson 

Cap" Tim Gerrish Cap" Wingate Sam 11 Keis — 

The House Is adjourned to y e 23 d Is" 9 a clock 

* Api 11 23 d The house Mett & Present * 1-102 

y e Speaker M r Easman M r Stephen Jones 

Mag r Smith Cap* Odihorn Sam 11 Keis 

M r Thing M r Peter Wire Cap 1 Tim Gerrish 

Cap" Downing Cap" Jos h Wigate M r Theoder Atkinson 
The House is adjourned to 2 a Clock 

Mett According to Adjornment And Adjorned Untill the 25 th Ins* 
Ten of Clock 

Apr 11 25 th The house mett according to adjornment ^ r sent 
y e Speaker M r Sam 11 Easman M r Thing 

Mag r Smith Cap" Wingate M r Wire 

M r Jones Cap" Atkinson Cap" Tim° Gerrish 

Cap" Odiorn Cap" Jn° Downing M r Sam 11 Keis 



62 PROVIN'CE OF NEW HAMPSHIRE. [ l 7 l $ 

The House is adjorned untill the 26 th Ins" Nine of y e Clock — 
Mett According To Adjornment Present 
M r Speaker Wingate Easman 

Keais Thing Downing 

Wear Jones Odiorne 

Smith Gerrish Atkinson 

* 1-103 * Voted That there be burnt one Thous d pounds And five 

hundred pounds Repeated of the 1 500^ In the Treasury — 
Major Smith Cap 1 Downing And M r Thing A Comitte to take 
bonds for the 1 500^ borrowed out of the Treasury 

Adjorned for two hours 

Returned According to Adjornment present As in the Morning 
The Petition of Rich d Dolhof being Read and Considered by the 

house 
Voted That he have twenty pounds Given him out of The Treas- 
ury — 

The Comitte Appointed for Veiwing The Meeting houses Att 
Dover Making Their Return It Is Accepted of by this house Ac- 
cording to the s d Return — 

* 1-104 *The House is adjorned to y e 27 th Ins 1 6 a clock 

apr 11 27 th The House mett according to adjourment ^Sent 
y e Speaker Cap" Tim° Gerrish M r Jones 

Mag r Smith Cap" Odyorn M r Sam 11 Easman 

M r Wire M r Jeffry M r Sam 11 Keis 

M r Thing Cap" Jn° Downing Theodor Atkinson Esq r 

Cap" Josh a Wingate 

Voted That that part of the Ac" about Impost & c beginning : the 
10 th June 1 714 Concerning the Duty of rum Wine Sugar Mollasses 
and Tobacco bee Continued : Untill y e 10 th June 17 16 and Where as 
y e Drawback there Is Three Quarters If Exported In Six M° Its 
now not Allowed Except It be Exported In three Months after 
y e Importation Sam 11 Keis Clark 

Memo : Whearas In the Repetetion of the five hundred pounds now 

In the Treasury the Town of Kings Town Is alloted forty pounds 

It is to be Understood that that Sum Is there proportian for two 

years they being Exemted twenty pound — Which 

* 1-105 * They should have p d last year — 

A Vote Sent up that the 1000^ to be burnt be performed 
by the tenth of June next 

The House by order of the Governour prorogued to the 25 of 
May next 



1 71 5] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 63 

May 25 th The House Mett ^sent 

M r Speaker Cap 1 Wingate Geo : Jaffrey 

Maj r Smith Theod r Atkinson Esq r Sam 1 Keis — 

Cap 1 Odiorn 
The Returne of y e Committe for Auditing Acco ts Examined & Al- 
lowed, the Whole Am to two hundred fifty nine pounds five shill : 
5 d 

Pass d f the House Sam 1 Keis Cler s — 

The House is Prorouged to fryday y e 10 th June next — | y e Coun- 
cill — 

* 171 5 June 10 th The House Mett ^sent * 1-106 

M r Speaker Gerrish Maj r Smith Geo : Jaffrey 

Theod r Atkinson Esq 1 " Jotham Odiorn Sam 1 Keis 

The House Mett According to Prorogation in ord r to Burn one thou- 
sand pounds Prov : Bills But the Treasurer Remonstrating that the 
Money was not brought into y e Treasury. The time for Burning is 
therefore Defered to the fourteenth Day of July next. And the As- 
sembly is Accordingly Adjourned to thirsday y e 14 th of July. 

1 71 5 July 14 The House Mett According to Adjorn* Present 
M r Speaker Wingate Odiorne 

Smith Jaffrey Atkinson 

Keais Jones 

The House sent for by the Council and the Treasurer Report- 
ing that he had Not the Whole ^£1000 * Which Was to * 1-107 
have been burnt of this Province Bills but that he had the 
Greatest part of them ; It Was then Agreed that What Bills there 
was in The Treasury of this Province 5 Should be Burnt And that A 
Comitte of Two should be Chosen out of the house of Representa- 
tives to Joyne With two of the Councell to tell the Money On Oath 
In order to The Burning It Major Smith And Cap 1 Wingate Chosen 
of the House of Representatives 

Its agreed on by both houses that the Tresurer have a Longer 
time that he may gitt y e rest of y e Bills of this Province to make up 
y e thousand pounds to be burnt its therefore defered to y e 28 th Inst — 
and y e Assembly is accordingly adjourned to thirsday y e 28 th Cur- 
rant — 

1715 July 28 th The House Mett fsent 

M r Speaker Joshua Wingate Geo : Jaffrey 

Maj r Smith Theod r Atkinson Esq r Sam 1 Keis 

Jotham Odiorn 



64 PROVINCE OF NEW HAMPSHIRE. [ l 7 l $ 

* I- 108 * Maj r Smith Refuses to be of y e Above Committe 

Voted Cap 1 Wingate of this House to Joyne with Marke 
Hunking Esq r of y e Councill to tell the Bills as above. 
The House Adjourned, not having time to Count & burn the Money 
to y e 29 th — 
July 29 th The House Mett ^sent 

M r Speaker Gerrish Cap 1 Odiorn Cap 1 Wingate 

Theod 1 ' Atkinson Sam 1 Keis Geo : Jaffrey 

Maj r Smith 

The Comitte Returning Viz Mark Hunkin Esq 1 ' & Cap 1 Wing 1 hav- 
ing Receved from M 1 ' Treasurer Penhallow The sum of Eight hun- 
dred sixty five pounds one shiling to Which They Made Oath which 
sum of Eight hundred sixty five pounds one shiling Was burnt before 
the Hon ble the Councell and Assembly this Day 
The Cler : of the Councel brought A Mesuage that the House Was 
adjorned to thursday the Eleventh of August Next 

* 1-109 * Aug st 11 th 1715 The House Mett ^sent 

M r Speaker Gerrish Jotham Odiorn Sam 1 Keis — 

Theod r Atkinson Esq 1 ' Geo : Jaffrey 

The House Adjourned to thirsday y e 18 th Ins 1 at: 10 of y e Clock. 

Aug st 18 th 1 71 5 The House Mett f sent 

M r Speaker Gerrish M r Geo : Jaffrey Stephen Jones 

Theod 1 Atkinson Esq 1 Jotham Odiorn Sam 11 Keis — 

The House Adjourned to thirsday the first day of Sept r next att 10 

of y e Clock — 

Septb 1 " I th The House Mett ^ r sent 

y e Speaker Cap" Tim Gerrish 

Theod 1 " Atkinson Esq 1 ' Sam 11 Keis — 

The House adjourned to thirsday y e 8 th Ins tl at 10 Clock 

*i-no *The 8 th Sep 1 1 71 5 The House Mett According to Ad- 
journment Present 

M r Speaker Wingate Thing 

ECeais Odiorne Atkinson 

Smith Wear 

The D Govern 1 And Councell being in Councell sent for the house 
to the Councell Chamber And Read A Speech Which Was Delivered 
to the Speaker 

The House Adjourned to fryday y e 9 th Ins u at 10 a Clock. 



171 5] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 65 

Septb r y e 9 th The House mett & p r s* 

y e Speaker Cap" Odiorne Mag r Smith 

Theod 1 ' Atkinson Esq r Cap" Downing Cap" Wire 

M r Thing Cap" Gilman M r Keis — 

Cap" Wingate 

The house adjourned for two Hours. 

The House mett & Present as Above. 

The house adjourned to Saterday y e 10 th Ins" 10 a Clock 

* Memorandom that Cap 1 Nicklos Gilman was Qualified as : * i-i 1 1 
a member of this house according to law, Sept r 1715/ 

Septb r 10 th The House mett and Present — 

y e Speaker M r Thing Mag r Smith 

Theodor Atkinson Esq r Cap" Wire Sam 11 Keis 

Cap" Odiorne Cap" Downing Cap" Gilman 

Cap" Wingate 
The House is adjourned for two Hours — 
Returned according to adjornment Present As in the Morning 
The Return of the Comitte for Viewing the fort Att New Castle Sen 
Down from the Councell board And Read 

The L l Govern 1 " 3 Speech being Read Is left to farther Consideration 
And The House Is Adjorned Untill the 12 Ins 1 Tenn of Clock or- 
dered That A Messenger be Sent from the house for the Members 
that Are Absent 

* 171 5 The 12 Sep 1 The house Mett According to Adjorn- * 1-112 
ment Present 

M r Speaker Wingate Jones 

Keais Gilman Odiorne 

Smith Gerrish Easman 

Wear Downing Atkinson 

The House is adjourned till tusday y e 13 th Ins" 1 1 a Clock 
13 th Sep 1 The House Mett According To Adjornment Present 
M r Speaker Wingate Easman 

Keais Gilman Odiorne 

Smith Downing Atkinson 

Weare Jones 

Answer to the L* Govern 1 ' 5 Speech Sent Up ^ m r Easman As ^ : 
Copia on file 

Adjorned for two hours Returned According to Adjornment 
^sent As in the Morning 



66 PROVINCE OF NEW HAMPSHIRE. [i 71 5 

* i— 1 1 3 * Voted That If Gov r Burges Arrives In this Province be- 

fore he Doth in the Massathusetts the Treasurer be Desired 

to Make preparations for his Reception 
Copy 
Voted That Col Walton be Allowed Six pounds "$ : Annum for his 

bote to Attend the Governm 1 And fort he keeping her In Repair 

With oars sayles &c 
Copy 

The house Adjourned Untill the 14 th Ins" Ten of Clock 
Septb r 14 th The House mett according to adjournment ^sent 

Speaker Cap" Odihorn M r Wire 

Theodor Atkinson Esq 1 ' Cap" Gilman M r Easman 

Mag r Smith M r Jones M r Keis — 

Septb r 14 th 171 5 The house of Representatives Were sent for by 
the L l Gov : And Dissolved 

* 1-1 14 * Memorandom These may Certife that maj r Josepher Smith 

hath Served in y e Generall Assembly for y e Town of Ham- 
ton twenty nine days from the 13 th of Apral 17 14, Untel y e 13 of 
Sept r 171 5 allso Cap" Joshua Wingett twenty seven days Cap" 
Peter Weare twenty days — Sam 11 Keais Clark 

Sep 1 14 th 171 5 
Memorandom/ These may Certife that M 1 ' Steven Jons hath Served 
in y e General Assembly for y e Town of Dover from y e 2 d of oct r 
1714 to Sept r y e 14 th 171 5 ninten days Sam 11 Keais Clark 

Sep 1 14 1715 
Memorndom/ These may Certife that M r Sam 11 Eassman hath 
Served in y e Generall Assembly for y e town of Kingstown Seven 
days from y e 11 th of may 1 714 Untel y e 14 th of Sep 1 1715 fifteen 
days y e Hole twenty two days Sam 11 Keais Clark 

Sep 1 14 th 1 71 5 

* 1-1 15 Memorandom/ These may Certife that m r Necklos Gilman 

hath Served in y e Generall Assembly fore y e Town of Ex- 
tor from y e 2 d of octb r 1714 to Sep 1 y e 14 th 171 5 twell days 
Sep 1 14 th 1 71 5 Sam 11 Keais Clark 

to Sep r 14 th 171 5. Gerrish 32 Jaffry : 18 Keais 32 

Sep 1 14: 171 5 Sam 11 Keais Clark 

* 1-116 * These are to Certify That Theo : Atkinson hath Served 

In Gcnnerall Assembly for the Town of New Castle twenty 



171 5] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 6j 

Eight Days Since the 13 th of Aprall last past As Appers by the 
Book of the Representatives this 14 th Sep 1 171 5 

Sam 11 Keais Clark 

These are to Certife Whom Concerned That Cap" Jotham Odiorne 
hath Served In Generall Assembly for y e Town of New Castle twenty 
Six Days Sence the 13 th Aprall last as appers by y e Book of the Rep- 
resentatives this 14 th Sep* I7I5 Sam ii Keias Clark 

These may Certife all Consarned that Cap" Jn° Downing hath 
Served in y e Generall Assembly for y e Town of Dover from y e 20 th 
of Ap 11 1 714 to Sep 1 14 th 1715/ 13 th days 
Sep* I4 th i;i5 . Sam ii Keais Clark 

*Pro : New Hamp 1 ' 8 Nov : 1715 *i-U7 

Att A Gennerall Assembly Called by The Hon ble Geo: 
Vaughan Esq r Leiut Govern r The Members Returned to Represent 
The Severall Towns were 

Portsm Rich d Gerrish Esq r 
M r Geo : Jaffrey 
Cap 1 Rich d Wiberd 
Hampton Major Joseph Smith 

M r Jabez Dow : Epha Marston 
M r Peter Wear 
N : Castle Coll : Shadrach Walton 
Theo : Atkinson 
Dover James Davis Esq r 
M r Sam 11 Tibbets 
Newington M r John Dam 
Exeter M r Sam 11 Thing 

Cap 1 Nich : Gilman 
Kingstown M r Sam 11 Esman 

*A11 Which Appearing Sam 11 Penhallow and Mark Hunk- * 1-118 
ing Esq rs of his Majestys Councell Came to the house of 
Representatives Attended With the Cler to Oualifie the House 
Which being Done they Were Sent for by the U Gov : to the Coun- 
cell Chamber And Directed to Return to their house And Make 
Choise of A Speaker And Present him to him Att the Councel 
Chamber The Representatives Returning to their House Made 
Choise of Rich d Gerrish Esq r Speaker And According to the U Gov r 
Direction Presented him Who was Well Accepted And ordered to 
With Draw And Settle the House 
Theo : Atkinson Chosen Cler 



68 PROVINCE OF NEW HAMPSHIRE. [ l 7 l S 

Adjorned Untill the 9 th Ten Clock 

* 1-119 * Novem r 9 th 171 5 The House mett According to adjornm* 

Present The Whole house As Yesterday 
The orders Att the End of this book Containing Ten Voted to be Ob- 
serve! for the Regulating the house — 

The House Sent for by the L l Govern 1 ' To the Councell Chamber and 
Deliverd A Speech Viz 

Copia 

Gent" The knowledge I have of y e Extraordinary Abilitis and Long 
Experiance of his Excellency y e Gov r & y e Hon ble the L* Gov 1 ' who for 
many Years have filled that Place make me Anxiously Solicitous to 
use all Dilligence that I may not be wanting in my Duty to y e Crown 
& to Promote the Wellfareand Prosperity of this His Majesties Prov- 
ince — 

Wee have (Blessed be God for his Divine ffavour) full assurance 
of y e Happyest Estate of y e British Monarchy which hath been Mirac- 
ulously Exterpated from Desolateing Ruine Devised by Conspireing 
Monsters both at home and Abroad and Wee are now Reaping the Ad- 
vantages of the Kings Majesties Wise & Just Administrations Who 
hath Preserved us our Religion & Properties & Confounded all the 
Machinations of Rebellious Impostures. 

It Remains that Wee Manifest our Duty & affection for His Majes- 
ties Service & Goverment in this small & Poor Province that We 
Care for y e Generall Good of his Good Subjects here by Establishing 
Wholesome Laws to Suppress Vice & Incourage Virtue and Enforce 
y e Due Execution of them in Our Respective Places to Lead & 
Prompt all Persons whatsoever in Doeing their Duty to their Supe- 
riours which tends much to the Establishment of Good Goverment to 
which Purpose I shall Readily While I have the Honour 

* 1-120 * to hold my station Adhere to Your Councill & Advice to 

Give Countenance to the Virtuous & Well Disposed but my 
Endeavours for the Punishment of all Guilty Offenders 

I think it Proper to Put you in mind of y e Miserable Estate of y e 
Castle that Due Care be taken for its Repairs and y 1 it may be Done 
as Seasonably as the Spring will admitt The Deficiancy of y e Goal 
which is incapable of holding the Kings Prisoners through its Defect 
and Improper Scituation 

It is necessary for you to see the Money Ordered to be Burnt by 
June Last be now Com'itted to y e fflames and that You be Satisfyed 
about the Money which was Borrowed out of the Treasury — 

I Pray You to Give Proper Directions for an Honourable Recep- 
tion of Coll° Purges Our Gover lir When he Shall come among us, and 



l 7 I S] JOURNAL OF THE HOUSE OF. REPRESENTATIVES. 69 

to Nominate & Desire proper Persons to Congratulate and Pay y e 
Dutyfull Respects of this Goverment when it shall Please God to 
bring him into this Countrey. 

The Necessity of haveing an Assembly hath Occationed such a 
speedy Conventian what is now needfull may be Considered & Dis- 
patched for probably the Arrivall of y e Gov r may Occation another 
Session and it is my Hope and Desire that no former Disagrements 
or Differences whatsoever may put us out of y e way of our Duty to y e 
Crown & Goverm 1 but Rather that Our Past Contentions may make 
us more Desirous of our Own and all Our Neighbours Peace & Tran- 
quility Geo : Vaughan 

9 br 8 th 1 71 5 
* Adjorned for two hours * 1-121 

Returned According to Adjornment 
Present As In the Morning the Whole house 
Voted M r Rich d Wibird and Cap 1 Peter Ware a Committe of this 

House to Joyne with Such as may be Chosen of the Councill to 

view the Prison and make Report to the Generall Assembly of 

what is proper to be Done therein 
Copia 

Adjorned to the 10 Ins 1 10 Clock 

Nov r 10 th The House mett according to Adjournment ^sent the 
whole House Except Coll Walton & Theo. Atkinson Esq r — Coll : 
Walton & Atkinson present 

The House being informed that M r Jabez Dow Is At this present 
time A Constable in the Town of hampton and he owning Himself so 
to be Is thought A person Unqualifyed and therefore by order of 
the House he Is Dismissed And A Notificaton sent to the Town of 
hampton to Choose One in his Room that May be Qualifyed 

*A Letter from L 1 Gov: Usher Directed to the Generall * 1-122 
Assembly being Read The house thought It proper to De- 
sire the sight of L 1 Gov : Vaughans Comsn Which Was sent Down by 
the Cler of the Councell And Read Which Well Satisfyed the House : 
And In answerr to Coll : Ushers Letter I " m > 

Voted That Coll Walton & Cap 1 Davis Joyne two of the Gentlemen 

of the Councel to Wait on Coll : Usher to Answear his Letter 

Adjorned for two hours 
Returned According to Adjornm 1 Present the Whole house 
Adjorned Untill the 11 th Ins 1 10 of Clock 

11 Nov: 1 71 5 The House Mett All present 



70 PROVINCE OF NEW HAMPSHIRE. [i/1 5 

A Vote for Allowence of Each Gentleman of the Councell four shill- 
ings Each Day they Attend Duering the Setting of the General As- 
sembly Sent Up 

* 1-123 * A Vote that Coll : Walton be Joyned With Cap 1 Hunkin 

Answer to L 1 Gov rs Speach 

Att the Last Session of y e Gen 1 Assembly a Committe was Chosen to 
view the ffort at New Castle and Make Return of y e Circumstances 
thereof and According to their Return we shall Proceed thereon — 

Wee have Chosen a Committe to Look into y e Defects of y e Prison 
and shall act y e needfull upon their Return 

Wee Appoynt Coll° Walton in y e Room of M r Wingate to see the 
Remains of y e Prov : Bills burnt and Order it to be Done forthwith 

As to the 1 500 Left with a Commitee to be Let out We are Satis- 
fyed that it is Done and Sufficiant Bonds taken for the Security 
thereof Pursuant to the Act therfor and Order the Bonds to be Left 
in y e Custody of the ^sent Speaker of this House Rich d Gerrish 
Esq r 

Wee are Informed that His Excellency Coll Burges will not be 
here this Winter so think We may seasonably make Provision for his 
Reception at y e next Session of y e Gen 1 Assembly 

* 1- 1 24 * Adjorned for Two hours 

Mett Accordingly & Presant as Above 

Presented a Peticion ^ Cap 1 Nath 1 Hill from Sundry Inhabitants of 
y e Parish Call d Oyster River 

Upon Reading of said Peticion 

Ordered That the Selectmen of Dover and the Constable of y* 
District call d Oyster River be Notifyed to Attend y e Next Session 
of y e Gen 1 Assembly & some of y e Peticion rs Appear Likewise with 
y e Town Records Relateing to said Parish 

Adjorned to the 12 Ins 4 10 of Clock 

12 th Nov : 171 5 The House Mett Acording to Adjornment present 

M r Speaker Thing Gilman 

Walton Tebbets Esman 

Jaffrey Dam Smith 

Davis Atkinson Wear 

* 1-125 * Voted That the Prison Remain Where it now stands this 

Winter and what is absolutely Necessary to Secure the 
Prisoners for y e Present be forthwith Done. 



171 5] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 7 1 

12 Nov : 1 71 5 

The House Sent for by the L 1 Gov : for a Conference And pro- 
posed the 111 Consequence of the Scituation of the Prison 

The House Returned and Considering the Matter 
Voted That the Present Goal Remain where It Now Stands Untill 
Next Year and What Is Absolutely Necessary to Secure Prisoners 
y r in this Winter be forthwith Done and that Next Spring this be 
Removed or A New one built In Some Other More Convenient 
place As the General Assembly Shal think ffitt 
12 Nov : 1 71 5 

* The House by the L 1 Govemour Adjorned to Munday the * 1-126 
28 th Ins 1 And Accordingly the House Is Adjorned to The 

28 Nov: 171 5 twelve of Clock 

Nob r 28 th The House mett according to Adjournment ^sent 
y e Speaker Cap" Davis M r Dam 

The House is adjourned to y e 29 th Ins" twelve a Clock 
Nov : 29 Mett According to Adjornm 1 Present 

M r Speaker Dam Atkinson 

Davis Walton Tebbets 

Adjorned for two hours./ mett According to Adjornment pres- 
ent as in the Morning 

The Messenger of the Assembly Sent by the L 1 Gov : to 
know * If their Were A house of Represnt s by order of the * 1-127 
Speaker Cap 1 Davis Went to the Councel Chamber to 
Aquaint the L* Gov : & Councell their Were Noe Representatives 
from Hampton Exeter Nor Kingstown And Cap 1 Davis Returned 
that The King Buisness Wanted the House to be filled 
ordered That the Deputys of Each Town Viz : Hampton Exeter 
& Kingstown be Notifyed And Accordingly Notifycations Are 
sent for the Several Deputys to Appear At the House tomorrow 
morning Ten of Clock Unto Which time the House is by the 
Speaker Adjorned 

30 th Nov r 171 5 House Mett Present As Yesterday 

M r Speaker Dam Walton 

Davis Tebbets Atkinson 

* Adjorned for Two hours — * 1-128 

Mett According to Adjornment Present As in the morning 
M r Epha : Marston Appearing and brought A Certificate from Hamp- 
ton that he was chosen As Representative in the Room of M r Jabez 



72 PROVINCE OF NEW HAMPSHIRE. [171 5 

Dow Cap 1 Davis y the Speakers order Informed the L 1 Gov : & 
Councell thereof — 

Noe More Appearing Untill Seven of Clock 
The House by the Speaker Adjorned Untill the first of Dec : Ten 
of Clock 

1 Decern 1 ' 171 5 Mett According to Adjornment Present 

M r Speaker Smith Dam 

Tebbets Davis Atkinson 

Gilman Walton 

* 1-129 * The U Gov : being informed that Cap 1 Gilman was Come 

to the house And that When m r Marston was Qualifyed 
there Would be A house M r Penhallow Attended by the Cler of the 
Councell Came to the House and M r Marston was Qualifyed by take- 
ing the Oaths signing the Tes 1 &c : 

Adjorned for two hours 

Mett According to Adjornm 1 Present 

M r Speaker Smith Gilman 

Davis Dam Marston 

Walton Tebbets Atkinson 

The Cler : of the Councel brought A Vote for the Printing the 
Laws of the Province Concured With — 

Voted that An Act be passed Concerning Bankrupts &c 

* 1-130 * Cap 1 Davis And Coll : Walton Chosen A Comitte to Joyne 

w th Mess rs Penhallow and Wentworth to Draw up the Act 
About Bankrupts &c 
Adjorned to the 2 d Decern 1 ' ten of Clock 
2 d Decern 1 " 171 5 Mett Present As Yesterday 

M r Penhallow Came from the Councel With Several Papers Relat- 
ing to the Petetion of sundry Inhabit 8 of Oyster River With the An- 
swer thereto by Many In the S d District ; With the order of the L r 
Gov : & Councell thereabouts 

* 1-131 The House Not hearing the Partys thereon * And m r Penhal- 

low Informing that the Matter was Adjorned to the next 
session of the General Assembly make Noe order thereon but a Mes- 
senger was Sent With the s d Papers that the Mind of the house Was 
that the L 1 Gov: & Councels Authority Was Suffitient for ordering 
the Collection of Any Money Due to Any Minister being Agreed. 
With .According to law 

Adjorned to the third Dec : 



I 7 I 5] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 73 

3 d Dec : 171 5 Mett According to Adjornment Present As Yester- 
day 

Mess rs Walton & Davis Joyned With the two Gentlemen of the 
Councell to Draw up An Act About Bankrupts &c : Make their Re- 
turn Which Was Allowed And the Act Signed by the Speaker 

* Voted m r Speaker Gerrish, Major Smith & m r Atkinson * 1-132 
Joyne w th Mess rs Plaisteed & Hunkins As A Comitte to 
Revise theLaws &c 

Adjorned to the 20 th Ins 1 twelve of Clock by order of the L 1 Gov r 

20 th Decern 1 " 171 5 Mett According to Adjornment Present 

y e Speaker Cap" Davis M r Thing 

Theodor Atkinson Esq r Cap tt Wibird M r Dam 

M r Geo : Jaffrey Cap" Gilman Coll Walton — 

The house is adjourned for two hours 

Mett According to Adjornment Present As in the Morning 

A Vote Came from the L 1 Gov : & Councel by their Cler : sent 
Down for settleing a Constables Watch Concured with — 

* Mesr s Jeffrys & Atkinson A Comitte to Draw up the Act * 1 — 1 3 3 
Adjorned by the Speaker to the 21 st Ins 1 10 of Clock 

21 Decern 1 " 171 5 Mett Present 

M r Speaker Dam Smith 

Geo : Jaffrey Thing Wear 

Davis Wiberd Marston 

Tebbets Walton Gilman 

Atkinson 

Adjorned for two hours 

Returned According to Adjornment Present As in the Morning — * 
The Cler : of the Councel Came to the House from the L 1 Gov : to 
Desire A Conference ; Accordingly the House Went to the 
Councell Chamber *and Discoursed on the following affairs * 1— 134 
viz 1 

Runing Town Bounds, Raiseing Money prohibet Exporting Wood. 
Settle y e Proportion of y e Prov : Tax for Kingston & The Shoales 
Limitt y e Number of Publick houses in y e Severall Towns, and about 
y e Due Celebration of y e Sabbath — and Returned to the House 

The House Adjourned to the 23 d 10 a Clock 

6 



74 PROVINCE OF NEW HAMPSHIRE. [ I 7 I S 

Dec r 22 1 The House Mett f sent 

Maj r Smith Geo : Jaffrey M r Mastin 

M r Wibid Atkinson M r Tibbets 

M T Thing Cap 1 Davis Walton 

Cap 1 Gil man M 1 Dam 

Adjourned for two hours — 

Mett Present As in the Morning 

The Speaker being Absent M r Gaffry And M r Atkinson Acquainted 
the House that the Speaker Gerrish Was Very Indisposed And Not 
Capable of Coming to the House Major Joseph Smith Chosen Speak r 

Pro tempore 
* i — 1 3 5 * Whereas y e Multiplicity of Taverns tend to Disorders 

Voted That the Number be Limitted viz 1 

The Town of Portsmouth Six 

The Town of Hampton Three 

The Town of Dover two Oyster River one 

The Town of Exiter two 

The Town of New Castle Two 

The Town of Kingston one 

The Parish of Newington one 

And No More within y e Province and all Other Tippleing houses Sup- 
pressed. The Justices at the Quart 1 " Sessions to Appoynt & Lycence 
the Said Publick Houses or Taverns — 

Voted That there be at Least fourteen Day's Notice given to y e In- 
habitants of y e Severall Towns before the Generall Choyce of Rep- 
resentatives and Seven Day's Notice for a particular Choyce of a 
Single Member — 
Voted That the shoales be Notifyed to send a Member to Represent 

them in y e Generall Assembly 
Voted That the Town or Parish Bounds be Perambulated & a Com- 
mitte Appoynted therefor 
The House Adjourned to y e 23 d Ins 1 10 a Clock Ante Meridiem 

Dec r 23 The House Mett fsent 



M r Speaker 


Coll Walton 


M r Dam 


M r Thing 


Th e Atkinson 


Geo: Jaffrey 


M r Wibird 


Cap 1 Oilman 


Maj r Smith 


M r Ware 


M r Marston 

M r Tibbets 


Davis 



I 7 I 5] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 75 

* Voted That the Town or Parrish Bounds Within this * 1-136 
Province formerly Appointed to be Perambulated by a Com- 

itte for 

Portsm Mark Hunkings Esq r 
Cap 4 Rich d Wiberd 
Hampton Mess Peter Wear 

Joshua Wingate 
Exeter — Nich : Gilman Esq r 
M r Jona : Wadleigh 
Dover James Davis Esq r 

Cap 1 Timo : Gerrish 
New Castle N John Frost Esq r 
Kingstown M r Jona : Sanborne 

The Major part of Which Comitte Shall Make their Return to the 
Gener 11 Assembly As Soon As May be After they have Accomplisht 
It by order &c 

Copia 23 Dec 11715 Theo : Atkinson Cler : 

* Voted That the Comitte be Allowed Each seven Shilings * 1— 137 
fj : Day for their service Duering the time thereof And If 

Any Refuse or Neglect to give their Attendance being legally Noti- 
fyed It shall be in the power of the Select men of Each Town to 
Choose Another in his Room And Each town to pay their own Com- 
itte by order of the House 

Copie 23 Dec: 171 5 Theo: Atkinson Cler 

Adjorned for two hours 

Mett At the Speakers house he Not being Capeable of Going to the 
Useal place present 

M r Speaker Atkinson Smith 

Jaffrey Davis Wear 

Wiberd Tebbets Marston 

Walton Gilman Dam 

Thing 
Adjorned to the 24 th Ten of Clock 

* Decern 1 " 24 th 171 5 Mett Att the Assembly House Present * 1-138 

Smith Davis Thing 

Wear Dam Gilman 

Marston Tebbets Walton 

Jaffrey Wiberd Atkinson 

The Speaker being Incapable of Coming to the House Major Smith 
Chosen Speaker pro temporee 



y6 PROVINCE OF NEW HAMPSHIRE. [l7l6 

A Vote sent Down from the L 1 Gov : & Councell Relateing to Rim- 
ing the bounds of the Towns or Parrishes something Differing from 
our Vote Yesterday Concured With & sent Up 

The Giveing of Credit and Book keeping Being Necessary in Carry- 
ing on Trade. 

But Acco ts Long Depending often prove of 111 Consequence for Pre- 
venting of which 

Voted That no Book Debt shall be Recoverable from the Date here- 
of that shall be of more than three Years Standing unless y e Debt 
be under forty shill & that an Act be Drawn up Accordingly w th 
Necessary Exceptions 

* 1 — 1 39 * Voted That Starr Iseland be a Town Caled by the name 

of Gosport 
The Speaker proposed the giveing A present to the L 1 Gov : 
Voted 

* 1-140 * By the L 1 Govern r Adjorned Untill Munday the 2 d Jan 1 "* 

Next 12 of Clock 



2 January i/i 5 /(5 


The House Mett 


Present 




Davis 
Tebbets 


Marston 
Gilman 




Jaffrey 
Wiberd 


Walton 


Thing 




Smith 


Atkinson 


Dam 




Wear 



The Speaker being not Able by Reason of Sickness to Come to the 
house In order to Settle the house Major Smith Chosen Speaker pro 
temporee 

Mess rs Davis & Tebbets Sent to the Councel board to Inform them 
their was a house And Desired to be Informed Whither they had 
Considered several Votes sent formerly from this house they Re- 
turned their was Not A Councell 

Adjorned till the 3 d 
* 1 — 141 * The House Adjourned to y e 3 d ioa Clock. — 
Jan r 3 : The House mett ^sent 

Maj 1 ' Smith M r Wibird M r Ware 

M r Mastin Atkinson M r Dam 

Cap 1 Gilman Cap 1 Davis Coll° W T alton 

M r Thing M r Tibbets Geo : Jaffrey 

Maj r Smith Voted Speaker pro Tempore — M r Sam 1 Thing Clarke 
protempore. 

The House Adjourned to 2 a Clock Post Merid" 1 

Mett Accordingly *$sent ut Supra — Except M r Wibird & Cap 1 
Davis — 



iyi6] JOURNAL OF THE HOUSE OF REPRESENTATIVES. JJ 

A Vote Sent from y e U Gov r & Councill That An Act be Pas 1 for y e 
Suppressing Disorders in Licenced Houses and in Order thereto That 
Titheing men be Chosen and Sworn in Each Town within y e Prov- 
ince to Which to the House 
Vote a Concurrence — 
The House Adjourned to y e 4 th Ins* 10 a Clock — 

* Jan r 4 th The House Mett ^sent * 1-142 

Maj r Smith M r Dam M r Thing 

M r Tibbet Geo : Jaffrey M r Mastin 

M r Ware Coll° Walton Atkinson 

M r Gilman 

Maj r Smith Chosen Speaker pro tempore M r Sam 1 Thing Clarke pro 

Tempore — 

Adjorned for two hours 
Mett Present 

Maj r Smith Thing Ware 

Walton Atkinson Dam 

Gilman Marston Jeffrey 

Tebbets 

Adjorned to the 5 th Ins* ten of Clock 
Jan r 5 th The House Mett f sent 

Cap 1 Gilman M r Tibbets M r Dam 

M r Wibird M r Atkinson Geo : Jaffrey 

M r Mastin M r Ware Coll° Walton 

M r Sam 1 Thing 

Voted M r Sam 1 Thing Clarke protempore 
Adjourned for two hours — 

* Mett ^sent as before * 1-143 
Voted Theod r Atkinson Esq r Speaker pro Tempore 

A Vote concerning y e Oblidgeing Persons to attend some Publick 
Service on y e Sabbath Sent from y e Lt Gov r & Councill. to w ch 
Ordered that Nothing be Acted theron there being a Law in y e 
Prov : Relateing thereto — as allso a vote for giveing Jn° Partredge 
twenty pounds — Not Allowed 

Voted Coll° Walton & M r Wibird a Committe to Joyne with y e Com- 
mitte of y e Councill to Draw up an Act About Book Debts — 

Voted That there be a Committe Appoynted to Receive y e Claimes & 
Audit y e Publick Acco ts of the Province — 



yS PROVINCE OF NEW HAMPSHIRE. \_ l 7 l ^> 

Voted Maj r Smith M r Sam 1 Thing & Geo : Jaffrey be of y e Com- 
mitte Above said to Joyn with Coll Waldron Jn° Wentworth & 
Jn° Plaisted Esq* 8 Chosen by y e Councill — 

Voted Marke Hunking & Sam 1 Penhallow Esq rs Maj r Smith M r P r 

Ware. & M r James Jeffrey accompanying them be a Committe of 

this Province to Joyne & mett the Persons Appointed by the Mas- 

sathusetts to Run y e Divideing Line between this & that Province 

— And that they be allowed ten shill ^ Diem — 

* 1-144 *Haveing Appointed a Committe to Revise the Claimes & 

Audit y e Acco 1 of y e Prov : 
Voted That Upon the Return of said Committe Wee will make 

Provision for the Payment of what they shall find to be Due when 

Allowed by the Gen 1 Assembly 
Jan 5 th 171 5 

The House Adjourned to y e 6 th Ins 1 10 a Clock — 
6Jan r yi7iV G Mett Present 

Walton Jaffrey Dam 

Wiberd Atkinson Marston 

Gilman Wear Tebbets 
Thing 

Voted Theod r Atkinson Esq r Speaker pro tempore 

A Vote sent Down from y e U Gov r & Councill for an Address Con- 
gratulatory to the Kings most Excellent Majesty on his Deliver- 
ance from a hellish Conspiracy &c 

Voted Wee are allways thankfull for his Majesties Preservation and 
Rejoyce at y e Detecting of Conspiracies against his Sacred Majesty 
& Goverm 1 But the News being somewhat uncertain think proper 
to Suspend an Address untill further Information/ 

* 1— 145 * Voted that New Castle bounds Run Southwest from Samp- 

sons point And then by hampton bounds to the Sea — 
Adjourned to the 7 th Ins 1 10 Clock 

7 th Jan ry 171 5 Present As Yesterday 
Voted Theod r Atkinson Esq r Speaker pro Tempore 
Voted That an Execution upon Land shall give a Good Title to it in 
four Years after Return of s d Execution 

Being Informed that thro y e Sickness & Death of Charles Storey Esq r 
Deceased Late Secretary of y e Prov : Severall Laws Enacted in 
May 1 7 14 had not y e Seale of y e Prov : Affixed to them 
Voted That the Seale of y e Prov : be forthwith Affixed to those Laws 
that they may be in force as tho Sealed in Season and they be 
Printed with y e other Laws — 



I7l6] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 79 

Adjorned to Wedensday the 11 th Ins 1 Ten of Clock by order of the 
L 1 Gov : 

* 1 1 January 171 5 The House Mett According to Adjornm 1 * 1-146 

Present 
Major Smith Coll Walton M r Dam 

M r Wear Theo : Atkinson M r Jaffrey 

M r Marston Cap 1 Gilman Cap 1 Wiberd 

M r Tebbets 
Major Smith Chosen Speaker Protempore 
Adjorned Untill the 12 th Inst 10 of Clock 

I2 th jan r y 1 71 5 Mett Present As Yesterday 

M r Treasurer Penhallow Came to the House and Informed the 
Speaker that he was Chosen by the Councell to Receve from Mad m 
Storey What Publick papers yet Are in her hands And Desires one 
May be Chosen To Joyne In that Affayre M r Geo : Jaffrey Was 
Chosen — 

* The House Adjourned ^ the Speaker for two hours * 1-147 
Mett ^sent as before 

A Message sent Down from the L 1 Gov r & Councill that they Re- 
solved not to Delay an Address to his Majesty upon Which 
Voted That this House Joyne with y e L r Gov r & Councill to Address 

his Majesty's Safe Deliverance from the Hellish Conspiracy and a 

Committe be Chosen out of both Houses to Draw up an Address 

Accordingly 

Adjorned to the 13 th Ins 1 10 of Clock 

Jan r 13 th The House Mett f sent 

Maj r Smith M r Tibbets M r Ware 

Cap 1 Gilman Atkinson Geo : Jaffrey 

M r Mastin M r Dam Walton 

M r Wibird 

Voted Maj r Smith Speaker pro Tempore 

Voted And be It Enacted &c : That A Constables Watch be sett 
And An Act Drawn Up Accordingly 
Adjorned for two hours 

Returned According to Adjornm 1 Present As in the Morning 

* 13 Jan r y 1 71 5/6 A Vote from the Councell board for * 1-148 
Chooseing two to Joyne As A Comitte With Rich d Waldron 

And Sam 11 Penhallow Esq 1 ' 5 to Draw Up An Address to the King 
Mess rs Geo : Jaffrey And Theo : Atkinson Chosen of this house to 



80 PROVINCE OF NEW HAMPSHIRE. [ l 7 l & 

Joyn with y c Committe of y c Councill to Draw up the Address pur- 
suant to Our Vote — 

Adjorned to the 14 th Ten of Clock 

i4 th Jan r >' 1 71 5 Mett Present As Yesterday Except M r Tebbets 
The Comitte for Drawing An Adress To his Majesty Returned With 
their Address Viz 

* 1-150 * Which Address Was Voted In the House Then the House 

was sent for by the L 1 Govern 1 " And having Passed two Acts 
Viz : 

1 for a Constables Watch 

2 for Regulation of Lycenced houses &c 

* 1— 1 5 1 * By the L l Govern 1 " Adjorned to the first Day of March 

Next 

6 Feb : 171 5/6 The House by A Special order from the L 1 Gov : & 
Councell Mett Present 

Major Smith Cap 1 Davis Cap 1 Wiberd 

M r Wair M r Tebbets Coll Walton 

M r Marson M r Dam Atkinson 

m r Jaffrey 

M r Jaffrey & Cap 1 Wiberd Were Desired to Attend m r Speaker Ger- 
rish And know Whither he was Capeable of Coming to the House or 
If they Shuld Meet At his house they Returned that he Was Not 
Able to Come Abroad but If they pleased they Might Meet At his 
house the House sent for by the L 1 Govern 1 " ; Major Smith Chosen 
Speaker protempore 

* 1-152 * The U Gov: Speech Delivered After The Cler : of the 

Councell had Read It Viz 
Gen 1 When you were here At your last sessions We foresaw Noth- 
ing w ch Would Demand your Attendance Untill March the time Ap- 
pointed for your Meeting but Sundry things Intervening it was the 
Advice of his Majestys Councel to Call you together this Day/. 
What I have to Offer to you I hope will Not Admit of A long Debate 
your Resolves May be Speedy — I have Sundry times Recomended 
the Matter of the prison s Deficiency to your Consideration You Are 
not Insencible of two mens Escaping thence but Upon Application to 
his Hon 1 " Coll : Tailer of the Neaboring Goverm* he Issued out his 
order for their Apprehentions so that one of them is Returned to 

Prison and the other Secured In Salem Goal In order to be 

* 1 — 1 53 sent neither * By Restoring the first the Province hath 

Saved At Least ^£300 : Which the C rs Were About to sue for 
And would have Infalibly Recovered And by both Wee laid Under g l 



iyi6] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 8 1 

obligations to that Goverm 1 I am to Inform you It was the Advice of 
the Councel that A Gaurd of two men Shuld be placed over the Prison 
till the Court of Goal Delivery Comes in Its turn which is Next week 
wherby An Accruing Charge lyes on the Govern^ And Doubtles 
your Care will prevent It for the future 

I would Observe to you that where no Discipline And Rig r is to 
punnish offenders their Can be No Expectation of A Civil Decorum 
And where No Prison in A Common Wealth No Restrant from Ille- 
gal behaviour And Trespases so that our Goverm t Is but A Name 
And Not the thing/. I Am Inform d that the laws Are fited for the 
press — 

M r Treasurer Penhallow has*" been Att Boston And tells 
Us he hath Discorse d * The Printer As he Can Inform you I * i — 1 54 
am of Opinian No time shuld be lost Your Money lyes Dead 
in the Treasury so that we have No Advantage in Delay 

Gen t I have Another thing to Informe you but Whither It Concerns 
you As Representatives of your people I shal Not Determine but As 
you Are My Neabors I think it Incumbant to let you know That I 
have Receved A leter from the Administra rs of the Estate of S r Cha : 
Hobby Decesed who As they Relate Did buy half the title to this 
Prov. how far It Respects you you May Consider they offer you the 
Purchase but I Am of Opinian Goverm : hath Nothing to Doe with 
purchases but Especially Not without his Maj ts Royal Lycence had 
and Obtained of the two former I Doubt Not but you will take Effectual 
Care And the sooner you Doe It you May Return to the 
Managem 1 * of your own private Affayres I know the Sea- * 1— 1 55 
son of the year Calls you to your Respective buisineses ; If 
you think of Any thing by way of Preliminary that you Can Advise 
me in (to give the Comitte of this Prov : Appointed to Meet the 
Comitte of the Pro : of Massathusets to Run the Partition line be- 
twen those two Gov mts ) You have Now An Oppertunity What I have 
farther to Offer I shall Deferr till your sessions in Corse Which is A 
More Leasure Season of the Year 
Copia Feb: 6 th 171 5/6 Geo: Vaughan 

Adjorned to the 7 th Ins 1 nine of Clock to M r Speaker Gerrishes 

7 Feb : 171 5/6 The house Mett Present As Yesterday M r Speaker 

Gerrish and m r Thing & m r Esman — 

* In Answer to the U Gov : Speech * 1— 156 

The 12 th Nov: last a Comitte made A Return About the 

prison Upon Which Wee Voted the Needful y r on As to the laws we 

Expect the Comitte Appointed to Collect And Revise them Make A 



82 PROVINCE OF NEW HAMPSHIRE. [l7l6 

Report thereof to the General Assembly Upon w ch Wee Desire they 
may be printed so Soon As May be According to our former Vote 

As to the Title of the land Wee Are of the Same Opinian that As 
Wee Are Representatives It Dos Not belong to Us 

Wee Desire that the Comitte Apointed to Run the partition line 
betwen the Massa ts & this Province May be Impowerd And pro- 
ceed When they have Notice from the Massathusets 

* 1— 1 57 * 1 March 171 5 The House Mett According to the Adjorn- 

ment from the 14 th Jan r - V last Present 

M r Speaker Gerrish Atkinson Gilman 

Wiberd Jaffrey Thing 

Walton Davis Easman 

Smith 

Mett Att M r Speaker Gerrishes ; Cap 1 Rich d Wiberd Sent As A mes- 
senger to the Councel to Inform the Councel that Wee Were A house 
he Returned his answear that the Councel Would send the house A 
Messenger — 

The Clark of the Councel Came to the house And Informed that 

the L* Governour was so Indisposed that he Could Not Come to the 

Councel this Day but was in hopes to be there tomorrow 

* 1 — 1 58 and If the house had Any thing to * offer they were Redy 

to hear them otherwais they would Adjorn till the 2 d Ins 1 
10 of Clock 
Adjorned by the Speaker to the 2 d Ins 1 ten of Clock 

2 March 171 5/6 Mett Present As yesterday & M r Tebbets— ; The 
Cler : of the Councel Came to the house and Informed that the 
Councel Were Adjorned to Tuesday the 3 d of April And this house 
Is Accordingly Adjorned to the 3 d April Next 

3 April 1 716 The House Mett According to Adjornment Present 



M r Speaker Gerrish Marston 
Jaffrey Gilman 
Wiberd Thing 
Wear Davis 
Dam 


Tebbets 
Walton 
Atkinson 
Easman 


-159 * Adjorned to the 4 th Ins* 10 Clock 





4 April The House mett According to Adjornment pres- 
ent as yesterday 
Adjorned for two hours 

Returned According to Adjornment 



I7l6] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 83 

A Vote Sent Down from the L* Gov : & Councel for building A 
Court house/. Under Consideration 
Adjorned to the 15 th 10 of Clock 

5 April Mett According to Adjournment, Present the Whole 
House 

Voted Cap ts Davis & Wiberd A Comitte to Joyne John Plaisteed & 
Mark Hunkins Esq rs As A Comitte to View his Maj ts ffort At 
New Castle And make Report thereof According to the Vote from 
the Councel on file Adjorned to the 6 Ins t 10 of Clock 

* 1 716 6 April the Whole house Mett According to Ad- * 1-160 
jornment 

Adjorned to the 7 th Ins 1 Ten of Clock 

7 th April the House Mett Present the Whole House 

A Petetion of Sam 11 Cutt Read and Concured According to the Vote 
of the Councel for the Sayle of some land At Oysteriver 
The Comitte for Examining the fort & Stores &c : At New Castle 
Made Their Return As on file 

The Comitte for Revising and Printing the laws made their Returne 
As on file forty nine In Number Ordered that they be Printed forth- 
with 

* Voted That their be A Prison built In the town of Portsm * 1-161 
At the Expence of the Province The S d Town to Provide 

Land to sit itt on W th Conveniency for yard Room At their Charge 

and that the Timber of the old be Improved therabout So far As 

may be Convenient And that Mesrs James Davis & Geo : Jaffrey 

be A Comitte of this house to See It Imediately Effected And 

that The Treasurer suply Money for Discharging the Cost thereof — 

that the building A Court house be suspended for A time Wee 

Desire the Comitte for Auditing the Publick Acco tts to give Notice 

when the Will Examin them & When Done Make their Return of 

all D ts Upon Which At our Next Meeting Wee will Repeat Money 

for payment of them that Shall be Allowed by the General 

Assembly and for Whatever Else May then be Needfull * And * 1-162 

In Case His Excellency Coll Burges Arrive here before our 

Next Meeting 
Voted That the Treasurer Suply for his Reception and that his En- 
tertainm* be At Coll : Packers House And upon his Arrival M r 
Speaker Gerrish Mes rs Atkinson & Jaffrey be Mes rs from this house 
to Joyne with such to be chosen of the Councell to Complement 
& Congratulate him on his Arrival 



[-163 * iyi6 May 1 


The hous 


Present 




M r Speaker Gerrish 


Wear 


Jaffry 


Marston 


Wiberd 


Gilman 


Smith 


Davis 




Tebbets 



84 PROVINCE OF NEW HAMPSHIRE. [1716 

Voted That Benjamin Acerman be Allowed Seven Pounds f) : 

annum for the future out of the Treasury for his Attending the 

Councel And Assembly 

The House by order of the L l Gov: Adjorned to the i of May 

Next And Accordingly the house Is Adjorned to the first of 

May 

The house Mett According to Adjornment 

Dam 
Easman 
Walton 
Atkinson 

Cap 1 Davis sent to the U Gov : And Councel to Inform that the house 
Were Mett^/. Returned that their Was Not a Councel And that they 
Were Adjorned to the 2 d Inst 
The house by the Speaker Adjorned to the 2 d Ins 1 10 of Clock 

May 2 d The House Mett f sent 

M r Speaker Gerrish Maston Easman 

Jaffrey Dam Atkinson 

Wibird Gilman Walton 

Ware Davis Smith 

Tibbets 

* 1-164 * Adjorned for two hours 

Returned According to Adjornm* Present the Whole House 
Except M r Sam 11 thing 

The Committe ffor Runing the Line between the Massathusets & 
this Province made their Return As on file 

The Committe for Auditing the Acco ts of the Province Made their 
Return 14 Acco ts 
Adjorned to the 3 May Inst 

May 3 d 17 16 The House Mett. ^sent 

M r Speaker Gerrish M r Tibbets Maj r Smith 

Cap 1 Davis Coll° Walton Geo : Jaffrey 

Maj r Gilman M r Wibird M r Easman 

M r Mastin M r Ware Atkinson 

In Answer to a Vote of y e L* Gov r & Councill about an Action of Ap- 
peal Depending bet wen Maj 1 ' W m Vaughan & Ed Cate. 



iyi6] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 85 

Voted That as y e Appeal is to y e Gov r & Councell & not to this 
House We Doe not Concern therin — 

*The Peticion of Hugh Bonfield Read and the Vote of y e * 1-165 
L* Gov r & Councell theron In Answer to which 

Voted That the Request in Said Peticion be not Granted — nor 
Said Vote of L* Gov 1 & Councill Concured with 

The House Adjourned to 3 a Clock P M —And Mett Accordingly 

on Veiwing the Return of the Comitte for Auditeingthe Acco tts of the 
Province N° 10 M r Sheriff Phipps Acco" being Perused Allowed As 
on file £14 : 18 : — ■ And for the future No More then Six pound ^ : 
Annum for his Expresing Lettrs Waiting on the Gov : and Councell 
&c — 

Adjorned to the 4 th 10 of Clock 

4 th May 17 16 The House Mett According Present the Whole house 
Except M r Thing 

Voted That y e L* Gov r & Councill may further Continue y e Appeal 
Depending between Maj r W m Vaughan Esq r & Edward Cate any 
Law Usage or Custom to y e Contrary notwithstanding — 
*The Petetion of Nath Hill and Other Inhabitants of Oys- * 1-166 
ter River being Read and An Answear therto by ffrancis 

Mathews and Other Inhabitants of the same parrish being Con- 
sidered It is thought fitt to grant the Petetioners their Request As 
"$ : Vote on file Cap* Davis & m r Tebbets Desent 
Adjorned to the 5 th Ins 1 10 of Clock 

5 May mett Present As Yesterday Except Major Smith 

Voted that the L* Gov : & Councell be Allowed 5 s / f : Day Duer- 

ing the setting of the General Assembly In Consideration of 

Which they be Wholley At their own Expence 

Mess rs Waldron & Hunking of the Councel Attended With the 

Cler : Came into the House Adjorned them to Munday the 14 th 
Ins* 

* 14 th May 1716 The House Mett Present * 1-167 

M r Speaker Gerrish Davis Atkinson 

Marston Walton Smith 

Thing Jaffrey Dam 

Wiberd 

Adjorned to the 15 th 1716 

15 th May The House mett f sent 



86 PROVINCE OF NEW HAMPSHIRE. [1716 

M r Speaker Geo : Jaffrey Coll Walton 

Cap 1 Davis M r Easman Maj r Smith 

M r Wibird M r Thing Wire 

M r Dam Ephr a Mastin Atkinson 

M r Tibbets 

The Peticion of Coll Packer and Sundry the Inhabitants of y e Town 

of Portsm . Read, and in Answer to which 

Voted That y e Peticion therin mentioned y* was formerly Prefered 
be Considered of, and in order therto that Cap 1 Rich d Wibird Waite 
on y e L 1 Gov r & Councill to Desire y e s d Peticion may be Sent 
Down to this House or a Copy thereof. 

The House Adjourned to 3 a Clock 

* 1-168 * May 15 th 1716 A Vote Sent to y e U Gov r & Councill that 

the Peticion of Coll° Packer &c Inhabitants of y e Town of 
Portsm that was formerly present and not yet prefered to this 
House be Layd before y e House — 

For y e Preventing of any future Disturbance and Differance that 
has or may Arise in y e Town of Portsm about y e Ministers Sal- 
lery's in y e Town 

Voted That the Subscribers to and Constant Hearers of y e Rev rd 
M r Rogers at y e New Meeting House Be Impowered and Inabled 
by an Act to Support him there in y e Ministry by an Equall Asses- 
ment on them Selves And that they be Excused Paying any thing 
towards y e Support of any Other Minister in y e s d Town untill 
Named and Chosen by an Assembly of all y e frreeholders of y e 
Town according to an Act of Gen 1 Assembly of y e 11 th May 1714 
and that y e Hearers of M r Emorson have y e same Power for Raise- 
ing his Sallery among them Selves — 

Coll : Smith Desents Against the Above Vote 

The House Adjourned to y e 16 th 10 a Clock 

May 16 th The House Mett fsent 

M r Speaker M r Wibird Geo : Jaffrey 

Coll Walton M r Tibbets Atkinson 

M r Easman Wear Smith 

M r Dam Cap 1 Davis Marston 

* 1- 1 69 * Whearas We have Perused the State of y e Province By y e 

Return of y e Committe for Auditing y e Publick Acco ts and 
by y e Treasurers Memoriall find there will be but a Small Sum Left 
in the Treasury after y e Debts are Pay'd &c. 
Voted That y e fifteen hundred pounds now in the Treasury be Re- 



1 71 6] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 87 

peated for Payment of y e Prov : Debts allready approved of & Such 
future Incident Charges as Shall be allowed of by y e Generall As- 
sembly and out of y e Remaining Money two hundred pounds be 
Lett to y e U Govern 1 " Coll Vaughan according to his Request and 
y e Rest (if any be) to others all on the Like Security that the former 
fifteen hundred pounds was Lett at. Mess rs Waer and Davis a 
Committe of this House for Leting out the money and takeing Se- 
curity therefor — . 

Mess rs Jaffrey & Atkinson A Committe of this house to Draw up 
An Act Accordingly 

Voted That the Act for Excise be Continued for the Insueing 
Year — v 

A Vote Sent Up for Encourgm* of kiting Woolnes 

Adjornedto the 17 th 10 Clock 
17 May Mett Present 

M r Speaker Gerrish Davis Wiberd 

Smith Tebbets Atkinson 

Wear Dam Jaffrey 

Marston Walton 

* A Vote for Defering the payment of one half of the two * 1-170 
thousand pounds Which Shuld have been Raised this year 

unto the year 1721 sent Down from the Councel Board Concured 

with 

Mess r9 Jaffrey And Atkinson A Commite of this house to Draw up 

the Act 

A Vote for A New proprotion of the several towns & parrishes for the 

Collection of the Province Taxes sent up 

Adjorned to the 18 th Ins 1 10 of Clock 
May 18 th The House Mett ^sent 

M r Speaker Wibird Jaffrey 

Cap 1 Davis Dam Wiar 

M r Mastin Walton Atkinson 

Tibbets 

Voted M r Rich d Wibird Clark pro Tempore — 

* Wheras there is An Act for keeping free hold In Each * 1-171 
town in this Province — for farther Incourgment of Clear- 
ing 

Voted that Where any parrish Is Sett of from any town to Main- 
tayne A Minister by them selves they shall have power within 



88 PROVINCE OF NEW HAMPSHIRE. \_ l 7 l & 

them selves to Agree With A Publick Scool Mast r and to build or 
hyer A Scool house As they shall think Convenint and Duering 
his being in S d Parrish they be Excused Paying to the free Schole 
of the town — 

^ Ord r of the house of Representatives May 18 th 1716 

A Vote came from y e L 1 Gov r & Councill for takeing of y e 5 pO 

on y e Bills of this Province To which 

Voted a Nonconcurrance/ 

The Peticion of Cap 1 Jn° Pickerin & others. Read and Consid- 
ered of upon which 

Voted that it is a Scandelous Reflection and false Accusation 
aganst y e Selectmen of y e Town of Portsmouth Who have fairly 
Settled the Town Acco ts and Brought them into Publick Town 
Meeting and there voted to y e Satisfaction of y e ffreholders of y e 
Town as Appears by a Certificate from y e Town Clark 

Whearas there is an Act for keeping free Scholes in Each Town 

in this Province. 

For further Incouragement of Learning. 

Voted That Where any Parrish is Sett of from any Town to main- 
tain a Minist r by themselves they shall have Power within them- 
selves to Agree with a Publick Schole Mast r and to Build or hyre a 
Schole House as they shall think Conveniant and Dureing his Be- 
ing in s d Parish they be Excused Paying to y e free Schole of y e 
Town Provided it be a Gramar Schole/ 

* 1-172 *A vote that lies of Sholes be Oblegd to pay their Province 

Tax in the Town of New Castle Concured With 
Adjorned to the 19 th 10 of Clock 
May 19 th The Hous met presant 

M r Speaker Mastin Tibbets 

Cap 1 Davis Dam Jaffrey 

Wibird Coll° Walton Ware 

The House Sent for by y e L l Gov 1 ' & Councill and after Passing three 
Acts, viz 1 for continueing y e Payment of 1000^ to y e year 1720 y t 
was to have bin Pay'd 1716 for Repeating fifteen hundred pounds for 
Continueing Maj r Vaughans Action with Ed Kate — 
and then Dissolved by y e L l Govern 1 " 

* 1-1 73 * Pro v New Hamp r 

Att A Genneral Assembly Caled by the Honble Geo : 
Vaughan Esq r Caled the 21 August 1716 

for Portsm Rich d Gerrish Esq r 
Geo : Jaffrey Esq r 
Cap 1 Rich d Wiberd 



1 7 1 6] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 89 



Hampton 


Joseph Smith Esq r 
Peter Wear Esq r 


New Castle 


M r Epha : Marston 
Shad : Walton Esq r 




Theo : Atkinson Esq 1 


Dover 


James Davis Esq r 




M r Sam 11 Tebbets 


Exeter 


Cap* John Gilman 
L 1 John Gillman 


Newington 
Streightham 


Cap 1 John Downing 
M r W m Moor 


Kingston 


M* Sam 11 Easman 


Then Appeared 




Gerrish Marston Downing 
Jaffrey Walton Gilman 
Wiberd Atkinson Gilman 


Smith Davis Moor 


Tebbets 



1-174 



Mark Hunkin & John Wentworth Esq rs Attended by the Cler : of 
the Councell Were Sent by the L* Gov : And Qualifyed the Above 
Members Who Were Sent for by the L* Gov : to the Councel Cham- 
ber and ordered to Return to there own house And Choose A Speaker 
Rich d Gerrish Esq r Chosen Speaker 
Cap* Rich d Wiberd Cler : 

The House being Sent for to the Councel Chamber and Presented 
their Speaker — 

The L 1 Gov rs Speech 5 Delivered As *$ : Copia 
Adjorned to the 22 Ins* nine of Clock 

*The L* Gov: Speech * I_I 75 

Gent m I have had thoughts of Convening an Assembly Some time 
Since & think there is a great Occasion for one, but y e harvest of 
Hay & English Corn Season caused me for a while to deferr it not 
being willing tolnjure aney nor especially y e Publick good — 

The occasion of Disolveing y e last Assembly was verry distastefull 
to me there is a p r ticular Dubty lyes on me as on you, on me not to 
Suffer the Revenue of the Crown to be lessoned & on you to Sup- 
port the Hon r & Dignity thereof 

Gent of the Low 1 House — 

The matter of Impost is what every Goverm 1 in the world doth 
butt we I have all y e Inclination Imaginable to give full Satisfaction 

7 



90 PROVINCE OF NEW HAMPSHIRE. \_ l 7 l & 

to the whole goverm* & to this Assembly in ^ticuler in all things 
within my reach, but tis unhappy we cannot all Reason alike It wold 
rejoyce me that care might be taken to render the Administration of 
Government easie that Laws might be puntually observed, that evils 
may be redressed y 1 you will putt trade and Customs on y l foot w ch 
is Just and may Lessen the publick Taxes — 

Gent" 1 I would have an act past for y e Treasu 1 ' to State the ac- 
comp ts of the Province y l we may Know what mony has bin Emitted 
how much paid in how much burnt how much Lent how much out. 
w* Revenue has bin to y e Pro : y s 10 years by those two branches of 
Excies & Impost w l y e mony is & how Imployed that we may Know 
our Condition 

I hope you will have regard to the State of the Pro : in gen 11 y* the 
Hon r of the Kings Goverm* may be Kept up & may not be Lessened 
by aney Sinester methods or faction — 

* i- 1 76 * I think it Reasonable that Pedlers & petty Chapmen be 

provided agn* by an act Obligeing all and everry Stranger 
Retailer of aney Commodity of ten pounds Value or that publickly 
shall sell to that Vallue of things inanimate give Securety to Answer 
the Assesm ts within every town in this Pro : where y e saile shall be 
made. I think it Reasonable that those that Stand by the Stuff 
should have the beneffitt of traffick to enable them to Support the 
Hon r of governm* that an act be made Obleigeing all town Officers to 
their duty on oath particularly all Assesm ts and that A town meet- 
ing be Called aney time at the Instance of ten free Holders and that 
a Law be provided for the mentannance of the Clergy & payment out 
of the publick treasury that they may be Honerab ly Support d , and 
that for the future none be Called but by Advise of the Mager Part 
of those Allredy Settled or Such as shall and that Each town within 
this pro that shall be destitute shall by lyable to A penalty provided 
in S d Act beleving many good Consequencies may attend to good & 
Assay I hold it nessary that Excise be Settled by A law I am of 
Opinion that the Province has allready Lost two hundred pounds for 

want of an Impost — 

* 1-177 *I would lett you Know that your Powd r Hous has bin 

brocken open and three locks forced I hope you will be 
gratefull to M 1 ' William Walles who has receved and forwarded You r 
Addresses and that thay Have bin deliverd to the King and Re- 
ceved verry graciously is Evident by the London gazzett — 

These with the other necessaries I hope youle do w th all Imagin- 
able disptch & y* no Consideration may retard you r good purposes 
Aug 1 21 17 16 Geo Vaughan 



iyi6] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 91 

Aug st 22 d The House mett according to Adjournment ^sent 

M r Speaker M r W m Moore M r Eph ra Mastin 

Maj r Smith Coll : Walton M r Sam 1 Tibbets 

Cap* Davis M r Atkinson Geo : Jaffrey 

Cap 1 Downing M r Jn° Gilman Rich d Wibird 

Cap* Jn° Gilman 

*The Orders of the House Read and * i-i 78 

Voted to be Observed for the future 

Sam 11 Easman Appearing for Kingstown According to Return Was 

Sent for to the Councel Chamber And Qualifyed 

Adjorned for two hours 

The Hous mett According to Adjornment Augst y e 22 d 1716 

M r Speaker Cap* John Gillman Cor 11 Sh a Walton 

Cor 11 Smith Cap* John Downing The Atkinson Esq r 

Cap* Davis M r Eph r Mastin Pet r Wear Esq r 

M r W m More M r Sam 1 Tebbits M r Sam 11 Easman 

M r John Gillman M r Geo : Gaffrey Rich d Wibird 

Major Peter Wear Came to the House According to the Return of 
the Precept As A Deputy for the Town of Hampton Was Sent for to 
the Councel Chamb r & Qualifyd 
* The House adjourned to the 23 d 10 a Clock Ante Meridiem * 1-179 

The Hous mett According to Adjornment & ^ r sent 

M r Speaker Cap* John Gillman Cor 11 Sha d Walton 

Cor 11 Smith Cap* John Downing The Atkinson 

Cap* Davis M r Eph a Mastin Pet r Wear Esq r 

M r W m More M r Sam 11 Tibbts M r Sam 11 Easman 

M r John Gillman M r George Jaffrey Rich d Wibird 

In Answer to His Hon rs Spech 

Wee are Senceable of the Duty Incumbant on this House to Provide 

for Defraying the Publick Charges of y e Province & Support the 

Hon r & Dignity threof which we are of Opinion is most Reasonable 

to be Done by an Eqall Tax on all Persons & Estates within the Same 

and — 

Vote that this House doe not Procead on an act of Impost for the 

Insuing Year — 
We find ^ the Journall of this House there has bin Standing Com'it- 
tes from time to time who have Examined all the Treasurers Ac- 
compts which upon Return have bin Approved of and Accordingly 
Voted ^ the Gen r11 Assembly but all Accornp* 5 Since Such Vote we 



92 PROVINCE OF NEW HAMPSHIRE. [ l 7 l & 

Expect to Inspect into and Desire that the Treasurer Lay them be- 
fore this House Seasonabley & that he forthwith make A Calculation 
of what summe of bills of Credit of this Pro : have bin Emitted 
what have bin Returned into the Treasury what burnt what Repeated 
& what Ltt out and to whom & the time Limitted 

* 1-1S0 * When the Whole is to be Called in — The Act Allready 

in Being about Swearing Town officers we are of Opinion is 

sufficiant, & as to Calling towne Meetings We think the Law has made 

sufficiant Provision therfor as Also for Payment of Ministrs Sallery's 

but Vote that there be an Act Drawn up Oblidging Such Towns or 

Parishes that shall willfully neglect to Call and Settle an orthodox 

Minist r to Pay towards the Support of y e Ministry in the Town or 

Parish thay Sprang from or to the Neighbouring Town after Six 

months Such Neglect 

^ r Ord r of y e House of Representatives — 
Adjorned for two Houres 

Returned According to Adjornm* Present the Whole house 
The House Adjorned to y e 24 th 10 of y e Clock 

The House mett According to Adjornement present 

M r Speaker M r Gillman Wear 

Smith Cap 1 Gillman Easman 

Davis Mastin Wibird 

Downing Tibbits Walton 

More Jaffrey Atkinson 

* 1-181 *Aug st 24 th A Vote Sent Down for an Act of Tunnage 

from y e L* Gov 1 ' & Councill — to which 

Voted a Non Concurrance — 

A Vote Sent Down for an Act of Impost 

Voted Non Concurrance — 

Wheras it was Voted y e 7 th of Apr 11 that the Treasu r Supply for Re- 
ception of Coll° Burgis the then Expect d Gov r & then made Provi- 
sion, y r for Since which it is Reported that Coll" Shute is to Come 
Gov r in y e Stead of S d Coll : Burges — 

Voted That M r Treasure 1 ' Penhallow Doe Supply for the Reception 
of S d Coll 11 Shute Agreable to S d Vote of the 7 th Apr 11 and that 
money be Reserved in the Treasury therfor Viz One Hundred 
Pounds — 

Adjorned for two houres — 

The House Retur d According to Adjornment Present the Whole 
house — 



iyi6] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 93 

A Vote from the Councill that forms of oaths Writs Summons &c : 
be Drawn Up by A Comitte of Both Houses to be printed With the 
Laws 

Concured with In this house & 
Voted To be Done by y e Committe that Revised y e Laws 

* The House Adjorned to y e 25 th 9 of y e Clock * 1-182 
Aug st 25 The House Mett According to Adjornement Present 

M r Speaker Easman Tibbits 

Smith Downing Mastin 

Moore Davis N Wibird 

Cap 1 Gillman Jaffrey Walton 

Gillman Wear Atkinson 

Proposition being made by Coll os Waldron & Hunking from y e Coun- 
cill ab l giveing Eighty pounds (being y e Gov rs halfe year's sallery Ac- 
cording to the former Establishment) unto y e U Gov r Coll Vaughan 
which Being put to vote and 
Voted The Contrary — 

Wheras the Bonds Given for Mony Lent are Reposed in the Hands of 
Rich d Gerrish Esq r Speaker of this House and Among them is a Bond 
of his One 

Voted that the S d Gerrishes Bond be put into the hands of Marke 
Hunking Esq 1 " and that the Bonds for the Money Lately Lent be 
pute into the Hands of the S d Rich d Gerrish Esq r 
Aug 1 25 th 1716 ^ Ord r y e Howse — 

* The House Adjorned for two howers * 1— 183 

Mett According to Adjornment Present 

M r Speaker Wiberd Moore 

Walton Atkinson Easman 

Downing Gilman Ware 

Jaffrey Gilman 

The House Sent for up to y e U Gov 1 ' & Councill And Prorouged by 
the L 1 Gov r to y e 12 th Day of Sept 1 " 

12 Sep* Mett According to Prorogation Present 

M r Speaker R : Wiberd Cap 1 Gilman 

Cap* Davis Geo : Jaffrey L 1 Gilman 

Coll Walton Coll Smith M r Moor 

T : Atkinson M r Marston Cap 1 Downing 

* The House Adjorned to y e 13 th Sep 1 " 10 of the Clock * 1-184 



94 PROVINXE OF NEW HAMPSHIRE. [l 716 

The House mett According to Adjornment Present 
Speaker Mastin Davis 



Smith 


More 


Walton 


U Gillman 


Jaffrey 


Atkinson 


Gillman 


Downing 


Wibird 



A Remonstrance from y e Sherife Phipps about the Insufficiancy of y e 

Prison was sent Down from y e L* Gov r & Councill 

In Answer to which to y e Remonstrance of M r Shrife Phipps ab 1 y e 

Prisson — 

This House Has allready taken Care for the Removall of y e Prison to 

a Place where may be conveniancy for Yard Room and Appoynted a 

Comity to se it Effected Who have provided Materialls and will soon 

have it Done having Agreed with workmen to Doe it 

^ order of y e House 
The Peticion of Timothy Davis ab* y e Act of Bankrupts Read and 
Not Granted — 

The House Adjorned for two Howers 

* 1-185 * The House mett According to Adjorment Present as in 
y e Morning 

A Vote sent Down from y e L l Gov r & Councill for Swearing all Town 

Officers that shall for y e future Enter upon y r offices — to which in 

this House 

Voted a Concurrance. 

Voted that y e Bounds of Each Town & Parrish within this Pro v 
shall be Run & Bounds Renewed once in three Years, and that the 
Propriat rs of all unfenced Lands that are in Comon shall run y e 
Lines once in two years the Same to be Done by y e Lot Layers of 
Each Town or Parrish under Penalty, and the Party Refusing or 
Neglecting that forfeit twenty shilings for Every Neglect — 

^ ord r of the Hows 

The House Adjorned to y e 14 th 10 of the Clock 

Mett According to Adjornment Preseant 

Speaker Gillman Wibird 

Smith U- Gillman Jaffrey 

Davis Wear Atkinson 

Walton Downing More 

Mastin 
The House Adjorned for two howers 
Mett According to Adjornment 



I?l6] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 95 

*The House Adjornecl to y e 15 th 10 of y e Clock * 1-186 

Sept r 15 th Mett According to Adjornment ^sent 

Speaker U Gillman Jaffrey 

Wear Downing Wibird 

Gillman More Maston 

A Vote Sent Down from y e U Gov r & Coimcill ab* y e Reception of 
Coll Shute agreable to y e former vote Respecting Coll° Burgis Ap- 
poynting y e same Gentlemen to Congratulate Coll Shute that were 
Desired to waite on Coll° Burgisson his Arrival to which 
Voted a Concurrance. — 

The House having Considered of y e Message Delivered by M r Treas- 
urer Penhallow & Coll n Hunking the Same being of Great Moment 
and Consequence and many of the Memb rs Absent 
Voted that the House Doe not at presant proceed theron but that 

it be suspended to y e Next Session ^ ord r of the Howse 

M r Treasurer Penhallow Came Down and ^ Ord r of y e U Gov r Ad- 



187 



journed this House 


to y e 27 th Ins 1 


* Sep tr y e 27 th 
presant 


TheH 


ouse mett According to Adjorneme 


M r Speaker 
Wear 
Gillman 

U Gillman 




Walton More 
Jaffrey Smith 
Maston Tibbits 
Wibird Easman 



The House Adjorned to y e 28 th ten in y e morning 
The House Mett According to Adjornment preseant 
Speaker Walton Smith 



Wear 


Jaffrey 


Tibbits 


Gillman 


Wibird 


Easman 


L* Gillman 


Maston 
More 


Downing 



The House Adjorned to two Howers 

The House met According to Adjornment ^ r as in the morning. 

Voted That the Law for Regulateing of Fe's be Printed with y e 

Other Laws — 

* Where as the Courts have been Kept formerly at the Sev- * 1-1 88 

erall Towns within this Province w ch must needs be A ben- 

ifitt to y e Towns where thay are Holden — 



96 PROVINCE OF NEW HAMPSHIRE. \M^7 

Voted That for the future the Courts be Kept at the times and days 
by Law Appointed And at the Severall Towns as ffolloweth Viz 
At Portsmouth the two Courts of Governer & Councill to say r 
Appeals as also one Supere r Court of Judicuture in y e Month of 
February and the Generall Quart r Sessions of the peace with the 
Infeariour Court, of Commonpleas following the Said Sessions of 
peace to be Kept in the Month of Decemb r Annually — 
att Hampton one Superiour Court in y e Month of August the 
Generall Quarter Sessions of p c & Inferiour Court following in the 
Month of Sep r Annualey — 

att Dover the Genourall Quarter Sessions of y e peas w th the Fol- 
lowing Inferiour Court above Said in the Month of June Annualey 
att Exeter the Generall Quart r Sessions of the Peace & y e following 
Inferiour Court of Common pleas in the Month of March Yearly — 

^ r Ord r of the House of Representatives 
Sep r 28 th 1716 
Desents from this Vote 

Rich d Gerish Rich d Wibird 

Geo : Jaffrey Jn° Downing 

* 1-189 *The House Adjorne;! to y e 29 th ten of the Clock 

Mett According to Adjornment ^9 sent 

M r Speaker L 1 Gillman Jaffrey 

Downing Easman Wibird 

Moore Smith Walton 

Gillman Marston Wear 
Tebbits 
The House adjorned for two Howers 
The House Mett According to Adjorm 4 ^ r as Above — 

M r Treasurer Penhallow Came Downe and Cap* Hunkin ^ r Ord r of 
the L 1 Goven Adjorned this Hous to y e 24 th of Octob r Next 

* 1-190 * 1 716/7 January 10 Pro : New Hampsh r 

at a Generall assembly Called by his Excellency Sam 11 Shoot 
Esq r Cap 1 Generall & Govern 1 " in chieff of s d province the members 
Chosen to Represent the severall Towns Were. 

Portsm Col John Plasteed Esq r 
Cap 1 Georg Walker 
Corn 1 Eph m Dennet 
Hampton L 1 Col° Joseph Smith 
Maj r Peter Weare 
M r Eph m Marston 



1 717] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 97 

Dover Cap 1 Janes Davise 

M r Samuell Tibbits 
Exeter Cap 1 John Gillman 
L 1 John Gillman 
New Castle Cap 1 Jotham odihorn 

Cap 1 Hugh Read 
Newington m r John Dam 
Kingstown m r Sam 11 Eastman 
Stratham Cap 1 Andrew Wiggin 

all which persons appeared before his Excellency & Councill at the 
Councel Chamber & were there Quallified and directed to Return to 
there house & make Choice of a Speaker & presen him the Repre- 
sentatives Returned to ther house made Choyce of Col John Plas- 
teed Esq r Speacker & according to his Excellencys directions pre- 
sented him : Who was well accepted & ordered to Withdraw 
& settell y e house Joseph Smith chosen Cle r * the assembly * 1-191 
Booke & papers sent for to Cap 1 Richard Wibard the late 
Clerk who delivered them to the Speaker — 

the house is adjurned to Morrow the Eleventh Instant 10 of y e 
Clocke 

the house met accordingly present 

M r Speaker Marston odihorn 



Walker 


Davis 


Read 


Dennet 


Tibbits 


Eastman 


Smith 


Gillman 


Dam 


Wear 


Gillman 


Wiggin 



Voted : that this house shall be govern d by the preceeding Laws & 

orders befor mentioned 
the house adjurned untill three of y e Clock aternoon 

the house mett accordingly 



r Speaker 


Marston 


Odihorn 


Walker 


Davise 


Read 


Dennett 


Tibbits 


Eastman 


Smith 


Gillman 


Wigins 


Wear 


Gillman 


Dam . 



the house is ajurned untill to morrow nine of the Clock — 
12 the house met according present 

M r Speaker Davise Gillman 

Walker Tibbits odihorn 



9 8 



PROVINCE OF NEW HAMPSHIRE. 



\M^7 



Smith 


Read 


Wear 


Dehnitt 


Marston 


Gillman 



Eastman 
Dam — 
Wigin 

* I- 1 92 * 1 7 16/7 the house is adjurned to munday the fourteenth 
day of this Instant January teen of y e Clock in y e forenoon 

January 14 : the house mett according to adjurnment present 

M r Speaker Wear Dam 

Read Walker Gillman 

Odihorn Dennitt Gillman 



Eastman Smith 


Wigins 


Davise marston 




The house adjurned for two hours 




the house mett according to adjurnment 


present 


M r Speaker Wear 


marston 


Read Tibbits 


Dam 


odihorn Walker 


Gillman 


Eastman Dennit 


Gillman 


Davise Smith 


Wigins 


the house is adjurned untill tomorrow nine of the Clock( 


ing 




15 the house meet according to adjurnment present 


m r Speaker Davise 


Smith 


Wigins Tibbits 


Weare 


Read odihorn 


Marston 


Dam Walker 


Gillman 


Eastman Dennitt 


Gillman 



noone according 



to adjurn- 



adjurned to two of y e Clocke afternoone 

the whole House mett in the after 

ment — 
* 1— 193 * Voted that a duty of Impost be Laid upon all Licqers 
Imported into this province from beyond Sea (viz) 

ten shillings for every hogsh d of Rum 

eight shillings for every pipe of fyall wine 

ten shillings for every pipe of madeara wine 

sixteen shillings for every pipe of Canara or posada wine 
and for all Europian Goods one penney Sterling in the pound allow- 
ing a twelfth part of y c Lickers for Leakage and to continue for one 
year from the first day of March next 17167 — 



1 71 7] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 99 

Read three times in the house of Representetives & past. & sent up 
for Concurrance by M r Marston 

January 15 : 171 6/7 Cap 1 Richard Gearrish Esq r delivered to the 
Representitives the bonds for fifteen hundred pounds from severall 
persons for muney Lent being nine in Number & a Recipt Given him 
by the Clerke of the Representitives the said bonds for y e present 
Lodged in the hands of Joseph Smith untill farther order by vote of 
the house — 
the house adjurned untill to morrow nine of the Clocke 

16 : The house mett according to adjurnment Present 
M r Speaker odihorn marston 

Eastman Dennitt Gillman 

Davise Walker Gillman 

Tibbits Smith Wigin 

Read Weare Dam 

the house adjurned untill two of y e Clock afternoon 

the house mett accordingly present 

M r Speaker Walker Gillman 

Davise Smith Gillman 

Tibbits Wear Wigin 

odihorn marston Dam 

Eastman 
* Voted : that a duty of Impost be Laid upon Liquors Im- * 1-194 
ported into this province from beyon Sea (viz) ten shillins 
for every hhogg d of Rum 
Eight shillings for every pipe of fyall Wine 
ten shillings for every pipe of madeara Wine 
sixteen shillings for every pipe of Canara or pasada wine 
And for all Europian Goods one penney sterling in the pound : And 
to Continue for one year from the first day of march next — allowing 
one twelfth part for Leakags of y e Liquer Read three times in the 
house of Representitives & passed : And sent up for Concurance by 
m r Eph m Marston — 

Joseph Smith Cle r 

the house is adjurned untill to morrow :91a Clocke 

17/ the house mett according to adjurnment present 

m r Speaker Eastman Smith 

Gillman Dam Wear 

Gillman Wigins Marston 

Read Walker Davise 

odihorn Dennitt Tibbits 



100 PROVINCE OF NEW HAMPSHIRE. \_ l 7 l 7 

a vote sent down for Laying a duty on the Exportation Read & Not 
Concured With by this house 

the house adjurned for two hours afternoone 

the whole house mett in the afternoone according to adjurnment 
the house adjurned to morrow nine a Clock 

1 8 the house met according to adjurnment present 

M r Speaker Read Smith 

Gillman odihorne Wear 

Gillman Dam Marston 

Eastman Walker Davise 

Wigins Dennitt Tibbts 

* i— 195 * the house is adjurned until! 3 : of y e Clocke afternoon 

the whole house mett according to adjurnment 
the hous adjund untill nine in y e morn 

19 : the house mett according to adjurnment present 

m r Speaker marston Wigins 

Walker Davise Read 

Dennitt Tippits cdihorn 

Smith C Gillman Dam 

Wear Gillman Eastman 

The house adjurned untill munday 21 : day twelve of y e Clocke in the 
morning 

21 the house mett according to adjurnment present 

m r Speaker Marston Bead 

Cap 1 Walke Davise odihorn 

m r Dennitt Tibbits Dam 

Smith L* Gillman Eastman 

Wear Wigins 

M r Speaker Col plasted not appering this afternoone : Capt : James 
Davise was Chosen Speaker protempy 

Who adjurned the house untill to morrow nine a Clocke in the morn- 
ing 

22 : The house mett according to adjurnment present 
m r Speaker plasteed marston Read 

Walker Davise odiorn 

Denitt Tibbits Dam 

Smith L 1 Gillman Eastman 

Wear Wigine Cap 1 Gillman 



I/I/] JOURNAL OF THE HOUSE OF REPRESENTATIVES. IOI 

*the house adjurned untill two of y e Clocke after noone * 1-196 

the house mett according to adjurnment presen — 

m r Speaker Eastman Weare 

Cap 1 Gillman Wigin Marston 

L 1 Gillman Walker Davise 

Dam Dennitt tibbits 

Read Smith 

The house is adjurned untill to morrow nine of the Clocke in the 
morning — 

Jan 17 23 : the house mett according to adjurnment present 

m r Speaker marston Wigens 

Walker Davise Eastman 

Dennitt Tibbits Read 

Smith Cap 1 Gillman odiorn 

Wear L 1 Gillman Dam 

the house adjurned for two hours afternoone 

the house mett according to adjurnment after noone present 

m r Speaker marston Wigens 

Walker Davise Eastman 

Dennit Tibbits Read 

Smith Gillman odiorn 

Wear Gillman Dam 

The house adjurned untill to morrow nine of the Clocke 
24 the house mett according to adjurnment present 

M r Speaker marston Wigins 

Walker Davise Eastman 

Dennitt Tibbits Read 

Smith Gillman odiorn 

Wear Gillman Dam 

*A vote sent down for Repealing the act limiting Seven year, *i— 197 
time for Redemtion of Lands taken by Execution And that 
the time for Redemtion be not more then two years 
this house takes time untill to morrow for Considering of that mat- 
ter— 

the house adjurned for two hours afternoone 

the Whole house mett in the afternoone according to adjurnment 

the house is adjurned untill to morrow Ten of y e Clocke morning 



102 PROVINCE OF NEW HAMPSHIRE. [ l 7 l 7 



25: 

m r 





PROVINCE OF NEW 


HAMPSHIRE. 


the house mett according to adjurnment 


present 


' Speaker 


Mars ton 




Wigins 


Walker 


Davise 




Eastman 


Dennitt 


Tibbitts 




Dam 


Smith 


Gillman 




odiorn 


Wear 


Gillman 







the house adjurned for two hours 

the house mett according to adjurnment all present but Cap 1 Read 

the house adjorned untill to morrow nine of the Clocke 

26 : the house mett according to adjurnment present 

m r Speaker Marston Eastman 

C : Walker Davise Dame 

Dennitt Tibbits odiorn 

Smith Gillman Wigins 

Weare Gillman 

the house is adjurned untill Monday 28 Instant at Eleven of y e Clock 
in the morn 

* 1-198 * January 28: 1716/7 the house mett according to adjur- 
ment present 

m r Speaker m r Marston m r Eastman 

Cap 1 Walker Cap 1 Davise m r Dam 

Cap 1 Dennitt m r Tippits m r Wiggin 

Col Smith Cap 1 Gillman Cap 1 Read 

Maj r Wear L 1 Gillman Cap 1 odiord 

Voted that pray his Excellency the Govern 1 " Coll° Shute Do Lay the 
Rcmonsterence of the Greivences of the Representative body of 
the Good people of this province offerd to your Excellency this 
present Sessions may be laid before the King in hopes of redress 
as Soon as Convenience Will permitt your doing it : And what 
Charge your Excellency may be at we have past a vote to defray — 

Voted that his Excellency be defrayed the Charge thereof — Read & 
past by the house of Representatives Joseph Smith 

January : 28 : 171 6 / 7 the house of Representative sent for up by the 

Goverr Shut & dissolved 
Cap 1 Davise Sam 11 Tibbits & John Dam tooke there deventers untill 
this day being January 28 : 1 7 1 6 / 7 Cap 1 Walker hath taken out his 
deventer for y e time he hath served being 18 days Aded 28 day of 
time 1 71 7 — 



171 7] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 103 

*The 17 of April 171 7 according to adjurnment mett * 1-199 

m r John Tucke Cap 1 Davise Esq r Cap 1 Joshua Pearce 

Cap* John Gilman m r John Dam Joseph Smith 

L 1 John Gilman Col° tho s Packer Maj r Peter Weare 

adjurned untill the Tenth of may following mett — 

Col° Packer peter Weare Sam 11 Tibbits 

Ca : Joshua pearce John Tucke Samu 1 Eastman 

m r Dennitt L 1 John Gilman Hugh Read 

John Dam Andrew Wigins Joham odihorn 

Joseph Smith James davise 

Ajurned untill the 13 th of may^following then mett 

Col° Packer John Tucke James Davise 

Joshua Pearce Cap 1 John Gillman Samuell tibbits 

Eph m Dennitt L 1 John Gillman Hugh Read 

Joseph Smith Andrew Wigin Jotham odihorn 

peter Weare John Dam Samuell Eastman 

the house adjurned untill to morrow Eight a clocke being y e 14 In- 
stant 

May 14: the house met according to adjurnment present 

Coll° packer Gillman tibbets 

Denitt Gillman odihorn 

Smith Wigin Read 

Wear Eastman Dam 

Tucke Davise 

the house adjurned to two a Cocke after noone 

*I7I7-Mayji4 Resolved that the Gentellmen Who gave * 1-200 

bonds for : 1500 : be sent for to Know Why they Doe not 

Comply with their Bonds. Cap 1 Wintworth & m r George Jeflry 
appeared & Said if all the Rest paid that gave bonds they would 
pay for their money was Redy Cap 1 Gearrish answered he had not 
the money but desired Longer time m r Penhallow said to y e same 
purpose 

the whole house met in the afternoon Except Cap 1 pearce 

the house adjurned untill to morrow Eight a Clock 

May 15 : the house mett according to adjurnment present 
m r Speaker Tucke Dam 



Cap 1 Pierce 


Gillman 


Wigin 


Dennit 


Gillman 


Eastman 


Smith 


Davise 


odiorn 


Wear 


Tibbits 





104 PROVINXE OF NEW HAMPSHIRE. [i; 'If 

the house met in the after noon according to adjurnment all present 

all but Cap 1 Hugh Read 

May 15 : 171 7 ordered that Col° Geore Vaughns bond for 200^ & 
Cap 1 Wibars bond for 50 : pound now deliver d in the hands of Col° 
Thomas Packer Speaker : be by him kept untill farther order of 
this house Voted &c Joseph Smith Cler 

Receved y e above bonds ^ me Tho : Packer 

* 1-201 *the house adjurned untill to morrow 8 a Clocke 

the house mett according to Adjournment 16 may — Except L tt Coll : 
Joseph Smith & m r Jn° Dam who had liberty from ye house 
Wheras most of y e Gentlemen who took Money upon Interest of y e 
Province in Oct r 1 714 as appears by their several Bonds Duly Exe- 
cut d w ch Bonds terminated in Oct r 1716 past & y e Several Gentlemen 
as above (through y e Scarcity of Money being unprovid d to Comply 
w th their obligations) desiring longer time — Vot d y 1 y e Severall Gen- 
tlemen have y e liberty of paying in their Severall Sums : to y e house 
of Representitives att any time between this & oct r w ch will be in 
y e year 171 8 Provid d they give New Bonds payable w th Interest after 
y e Rate of Six ^ Cent : per Annum to y e Speaker of this house for 
time being & y 1 they pay in y e Same in Bills of Crd of this Province 
already Emitted & that y e New Bonds Comence from y e 27 oct r 1716 
Sent up & Concurd w th by y e uper house — 

this house Sent for m r Treasur 1 * Penhallow to be informd relating to 

y e Interest of y e 1500 pound — who declard y 1 he had not Receiv d 

one farthing of s d Interest : but att y e Same time gave his word of 

Hon r to his house for y e two first years Interest of s d 1500 pounds & 

y 1 the Province Should have Crd accordingly — 

the house adjoun d to 3 a clock after Noon — 

the house mett according to adjournment att 3 after Noon Viz" 

m r Speak r Coll Packer Maj r Wier Cap* Jas Davis 

Cap 1 Jo n Gillman M r Jn c Tuck m r Sam 11 Tibits 

L" Jn° Gillman Cap 1 And r Wigins m r Eph r Denett 

M r Sam 11 Easman Cap 1 Joth m Odiorn Josh — Peirce 

Cap 1 Hugh Read 

the house adjourned from five y e same day to Seven y e Same Even- 
ing— 

the house mett att Seven y e Same Evening according to Adjourn- 
ment Present m r Speaker &ct as above — 
the house ac!journ d til seven aclock tomorovv Morn g 



1 71 7] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 05 

17 May y e house mett according to adjournment: Present m r 
Speaker Packer Maj r Wier Cap t Jo 11 Gillman L tt Jo n Gillman m r 
Sam 11 Easman m r Jo n Tuck Cap 1 And r Wiggins Cap 1 Joth : Odiorn 

Cap 1 James Davis m r Sam 1 Tibbit Josh Peirce Jo 11 Dam — 

* 17 May Vot d In Councill * 1-202 

That y e Comitte appointd to Revise y e Laws of y e Prov e 

&ct : be Sam 11 Penhallow & Theo r Atkinson Esq rs from this house 

& y 1 y e Sherife & Clark attend on s d Comitte 

May 16 : 1717 Rich d Waldron Cl r Con 

Vot d y 1 L tt Coll Smith Coll Packer & Cap 1 Ja s Davis be a Comitte 

to joyne y e uper house for y^ends above s d 

17 May 1 71 7 Josh Peirce Cl r f Temp r 

the house adjourn d til three a clock 

the house Mett according to adjournment att 3 a Clock after noon — 
the house having prepared a Bill for y e Raising fifteen thous d pounds 
Bils of Crd upon a fund of land Estates of y s Province : & Each 
Town within y s Province to have their Proportion according to y e last 
Province tax — Sent up by Maj r Wier & Cap 1 Jo n Gillman to y e uper 
house before voted 

18 May voted & sent up by Coll Jos Smith for Concurance 

Vot d y* y e Act for Excise be Continued for y e year Insuing 16 may 
1 71 7 — & y* it be sent up for Concurence — 

Josh Peirce Cl r ^ Temp r 

Vot d That Cap 1 Hugh Read & Coll Jo n Plaistecl Esq r be Chosen a 
Comitte by this house to joyne the Comitte of y e uper house for 
farming s d Excise 

Concured w th by y e uper house — Josh Peirce Cl r &ct 

Vot d That Coll John Plaisted L" Coll Joseph Smith & Cap 1 Hugh 
Read be a Comitte from this house to joyne w th 2 of y e uper house 
to Receive & adjust y e Province Debts in order to lay them before 
y e Assembly for Allowance — j 

ordered to be sent up by Maj r Wier for Concurence 

Vot d That Maj r Wier Cap 1 Ja s Davis & Josh Peirce be a Comitte 
from this house to Joyne w th y e Comitte of y e uper house ; to draw 
up y e act for y e Bill of fifteen thous d Pounds bils of Crd to be Dis- 
tribut d by a General Comitte to be Chosen of both houses to distri- 
bute y e Same to each Town in this Province in Proportion accord- 
ing to y e last Province Tax 

May: 18: 1717 orderd to be sent up by m r Jo n Tuck for Concur- 
ance 



106 PROVINCE OF NEW HAMPSHIRE. [i 71 7 

past by the house of Representatives Joseph Smith Cler 

the house adjourn d til Seven a clock tomorow Morning 

* 1-203 * 18 May the house Met according to adjournment Present 

m r Speaker Packer Tucke odiorn 

Pearce Gillman Read 

Dennit Gillman Wigin 

Smith Davise Dam 

Weare Tibbets Eastman 

Vot d That y e Treasu r be Desir d forthwith to lay before this house 
an Exact account of his Maj sts Stores of Powder & other Amuni- 
tion of Warr — 
May 1 8-1 71 7 Read & past by y e house of Representitives 

Joseph Smith Clerk 
Wheras it is Evident y l y e growing Charge of this Province is such a 
burthen to y e Subjects as makes it very greivous 
Vot d y l his Excellency y e Govern 1 " shal be paid out of y e Publick 
treasury of this Province for y e defraying his Entertainment & Ex- 
pence thirty Shils fJ Die : for y e Ensuing year During y e Sessions 
of General assembly from time to time after y e first day of June 
next — 
May 18 1 71 7 Red & past in y e house of Representitives & sent up 
for Concurrance — Joseph Smith Clerk 

this day chosen to be of the Grand Commitee to act & doe in the af- 
fair Relateing to y e 15000 pounds of Creaditt to be Printed & Signed 
(viz) 

Col° thomas Packer 
Joseph Smith 
Cap 1 John Gillman 

the same day chosen Maj r Wear : Capt Davise & Capt : pearce a Com- 
mittee to Joyn with the Committee of y e uper house to draw up the 
Act for printing — 1 5000 

18 the house adjurned untill 3 a clocke afternoon 
the house met in the afternoon according to adjurn* 
the house adjurned untill munday next the 20 Instant at 8 a clock in 
y e morning 

* 1-204 * May : 20 : 1 71 7 : being munday the house mett according 

toadjurnment present 



171 7] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 107 

m r Speaker Maj r Wear M r Dam 

Cap* Pearce Cap* Davise Cap r Wigins 

m r Dennitt m r Tibbits Capt : Gillman 

Jos : Smith m r ocliorn L* Gilman 

John Tucke Capt : Read 

May 20 : 1 71 7 a vote brought down from the upper house moveing 
that Capt Southack be allowed for plating the Sea Cost : &c — 
Voted a nonconcurrance Joseph Smith Cler 

the house adjurned untill 3 : after noon 

the house mett according to adjurnment present — the whole house 
the Governour Sent up for the Bouse & proroged them untill the 24 
day of September next 

May 21*: 1717 Capt John Gillman & L* John Gillman tooke out 
their deventers untill this day 

July 27 : 1 71 7 : Capt Andrew Wiggin tooke out his deventer untill 
this clay — 

The house mett according to prorogation September 24 : 1717 pres- 
ent 

m r Speaker tho Packer Cap* Wigins maj r Wear 

Cap* John Gillman m r Dambe m r Tuck 

Cap* John Gillman Cap* Perce Joseph Smith 

m r Dennit 

The 24 of Sep* : 171 7 : the following deventars were taken out being 
all then due to any body (viz) 

m r John plasted m r Eph m Marston m r John Dam 

m r Eph m Dennit Maj r Weare Cap* James Davise 

Coll Tho packer m r John Tucke m r Tibbets 

Cap* : pearce Cap* Odion m r Eastman 

m r Joseph Smith Cap* Read 

* Sep* : 24 : 171 7 the house sent for up by the L* Govern 1 " * 1-205 
Vaughn & dissolved in his majesty s Name 

Jos : Smith Cler 

Sep*: 24 : 1717 : the Deventurs on the bottom of y e Leaf on y e fore- 
going Side Were toke out being all then due (viz) 

Col John Plasteed Capt : Hugh Read Maj r Peter Weare 

M r Eph m Dennitt Cap* James Davise m r John Tucke 
Col Tho : Packers m r John Dam m r Joseph Smith 

Cap* Joshua Peirce Cap* James Davise m r Eph m Marston 
Cap* Jotham Odiorn m r Samuell Tibbits m r Samuell Eastman 

taken out from me 

Joseph Smith Cler 



108 PROVINCE OF NEW HAMPSHIRE. \. l 7 l 7 

171 7 2 : Oct r y e House mett this day by his Excellencys prorogattion 
Present — 

m r Speak 1 " Packer Joth : Odorn \ Cap 1 Read 

Coll Davis And 1 " Wiggins \ Esq rs M r Eph : Dennett 

Cap 1 Tibbits Jo 11 Gillman ) Josh Peirce 

m r Jo 11 Damm Cap 1 Jo n Gillman 

The house Adjourn d til 2 afternoon — 
The house according to adjourn m" mett at time apoint d 
Vote d Josh : Peirce Clark to y e Assembly — 
The house adjourned til ten a clock tomorrow morning — 

3 Oct 1 " y e house mett according to adjournment Present 

m r Speaker "^ Coll Davis Josh Peirce 

Cap 1 Odiorn | -^ rs M r Jo 11 Damm Sam 11 Easman Esq r 

Cap 1 Gillman [ q Cap 1 Jo 11 Gillman M r Eph : Dennett 

Cap 1 Wigins J Cap 1 Sam 11 Tibbits 

* 1-206 * 1717 3 Oct 1 " The house adjourn d for two hours — 
The house mett according to adjournment — 

Whereas Coll Joseph Smith Maj r Pet r Ware & m r Jo 11 Tuck are Dis- 

miss d this house — 

Vot d That his Excellency be Request d to Issue forth his Precept to 
Supply y e Vacancy — Josh : Peirce Cler s 

The house adjourn d till Munday Next ten a Clock 

7 Oct 1 " The house Mett according to adjournm 1 Present 

M r Speaker ^ m r Eph Dennett 

Cap 1 Jo 11 Gillman | Cap 1 Jo 11 Gilman 

Joth Odiorn } Esq rs Josh : Peirce 

Sam 11 Easman ! Coll: Davis 
And 1 " Wiggin J 

Itt appearing to this Board that a great many inconveniencyes may 
happen unto Several Creditors on y e account of y e Law in Relation 
to y e statute of Bankrupt that the s d act be repaid in Council & 
henceforward be of no Effect Rich d Waldron Cler : Con 11 

7 Oct 1 71 7 Red three times in y e house of Representatives & Voted 
a Concurrance Josh Peirce Cle r to y e house — 
the house adjorn d till tomorrow nine a Clock 

8 Oct the house mett at y e houre according to adjournm" Present 
m r Speak r — Coll Davis Cap 1 Odiorn Cap 1 Jo 11 Gillman Cap 1 and r 



1 71 7] JOURNAL OF THE HOUSE OF REPRESENTATIVES. IO9 

Wiggins m r Eastman Cap t Jo 11 Gillman Josh Peirce Eph Dennett 

M r Jo n Damm 

& order d to Enter his Excelency's speach w ch is as followeth 

Gent m I canot omitt att y e Opening this Sessions to take notice 
of y e unwarrantable & Illegal Proceedings of L" Govern 1 Vaughan — 
In y e Commission he Receiv d from his Maj st King George 
he is Comand d to observe all such * Orders w ch from time to * 1-207 
time he shal Receive from y e King or my Selfe & al persons 
are Requir d to take Notice of y e Same — 

Some Months since when god y e Wise Disposer of y e Ellements 
was Pleas d to afflict us w th a gre^t Drought ; I sent orders to y e L" 
Gov er to Proclaime a fast to Implore God s favour & y t he would be 
Pleas d in his great Mercy to water y e parched Earth w th Refreshing 
Showers — w ch orders he Refus d to obey & there was no fast in this 
Province — 

About y e 16 Sep* I wrote to y e L" Gov r & order d him to Prorogue 
y e Assembly : w ch was order d to meet on y e 24 Sep 1 to y e 2 Oct r : in- 
stead of ^forming w* I had Direct d he has Pretend d to Dissolve you 
— so y l has not only disobey d y e Kings Comm ds & mine : but would 
have impos d on you who are y e Representatives of this Province : by 
Assuming a pow r to himselfe w ch he is not invest 1 w th when I am in 
America : nor can I believe any Person can be so void of sence or 
Reason as to Imagine : y 1 y e King made me Gov r of New hampsh r 
only for y e Six weeks in a year y t I am hear as y e L" Gov r would have 
you believe — 

Give me Leave therefore Gen* 1 to observe to you w t Confusions 
would attend this Province if w 1 this Gen 11 has been aiming att was 
Practicable — 

It s very Possible y* it might so happen y* not only a Gov r & L" 
Gov r might Disagree : but also y* y e Eldest Counsel 1 " might jarr w th 
both of them w l then must be y e Consequence why truly if an 
Assembly was Chosen w ch y e Gov r thought to be for his Maj sts Service 
& also of this Province if y e L u Gov 1 ' did not like them : So Soon as 
I was gone to Boston he would Dissolve them : if then an other 
Assembly was Chosen & they were approv d of by y e L" Gov r & not 
by y e Gov r He then would Dissolve them : if a third should be 
Chosen w ch y e Gov r & L tt Gov r Did approve of & y e Eldest Council' 
did not : when we were both out of y e Province he would Dissolve 
y t also : — so y t this Province would be like a Monst r w th three heads 
and three hands ; each Endeavouring in their turns to undoe w l y e 
other had Done there could be nothing then but Elections & Disso- 
lutions y e King 5 Comm ds would Remaine unknown & unexecuted : & 
al y e Affairs of y e Province Neglect d & at a dead Stand — 



I 10 PROVINCE OF NEW HAMPSHIRE. \_ l 7 l 7 

1 do not therefore in y e least doubt y l Since you are mett y* you 
will Shew your Resentments to these Mischeivous proceedings & put 
a Stop to them w ch tend to nothing but to Inflame y e people & 
would end in Nothing but the utter Ruine & Destruction of this 

Province — 

* 1-208 * I am Glad I can Inform e you y l Since I saw you Last 

I have had an Interview w th y e Eastern Indians & have 
brought them into Such measu rs as are for y e Hon 1 ' of my Mas r King 
George & y* tend to y e quiet & peace of these Provinces : w ch are y e 
two principle things I aime att in al my Transactions — after y e 
treaty was Conclud d & y e former articles of peace & some New ones 
Sign d & Ratyfie d : y e Indians Complaind to me about y e English- 
men s fowling upon floats & desir d y 1 where either of y e Provinces had 
any new Setlements : y* Persons might be appoint* 1 there to furnish 
them w th al Necessaryes at a Moderate Rate : I Promis d them y l I 
would Endeav 1 to redress their Greivances & to Assist them : w ch I 
Recomend to your care since w* they desire is so very Reasonable — 
Tis your Harvest time & my affairs at Boston will quickly require 
my Presence there — therfore hope you will dispatch w t shal be 
Necessary & y l you wil against our Meeting in y e Spring when we 
shal have more time to sit think of Some measures to promote Naval 
Stores w ch will be very acceptable to His Maj st & very beneficial to 
this Province 

2 Oct 1 ' 1 71 7 Sam 11 Shute 
The house Chose a Committe to Draw an answer to his Excel- 
lency 5 Speach w ch is as followeth Viz* — 

■vr V i r \ May it Please your Excellency 

We have consider d your Excellency 5 Speach and Imbrace this op- 
pertunity to Resent y e Illegal unwarrantable & imprudent Manage- 
ment of y e L n Gov r in his late practices w ch so very much tend to y e 
destruction of Governm* & Confusion & Ruine of this Province we 
are Sencible by y r Excellencys Comiss" & Instructions y 1 none else 
is invest d w th pow r of Govcrnm" but y r selfe while in America — & 
by y e L" Gov rs Comission we observe y l he is only to performe such 
Instructions & orders as he shal receive from y e King or from his 
Comand r in Cheife for y e time being — & for him to act w th out either 
is unwarrantable — but to act Contrary therto is Illegal & highly 
Imposing on his good Subjects — Directly leading them into Destrac- 
tion & Confusion the Event of w ch may be y e worst of evils — that 
such proceedings may be prevent d for y e future we pray 

* 1-209 * care may be taken; y l Loyalty peace & Unity may be 

Preserv d & Continued — 



1717] JOURNAL OF THE HOUSE OF REPRESENTATIVES. Ill 

We Rejoyce y r Excellency 5 Intervieu w th y e Eastern Indians was 
Attend d w th so much sucess : & are ready & willing to fall in w th any 
measu rs y t y e good agreement w th them may be Continued & any 
Grievances may be Redressed — 

We observe y e Affairs of your other Governm" will quickly call 
you hence — wherefore we shal attend y e present buisnes w th al appli- 
cation & Diligence — y l y e public affairs y 1 canot now be finish d may 
be prepared against y e Next sessions — 

7 Oct r 1 71 7 Tho s Packer Speaker — 

In Council 

Vot d That Mark H unking Jo n Wentworth & Geo Jaffrey Esq rs 
be of a Committe from this Board to joyn w th such as shal be 
Chosen by y e house of Representatives to Receive y e Claims & 
audit y e acc tts Due from this Prov e R Waldron Cler Con — 

8 Oct r 1717 

Red 3 times in y e house of Representatives & voted a Concur- 

rance — 

The house adjorned for two hours — 

The house Mett accordingly & m r Sam 11 Tibbitt w th y m — 

Vot d y t Coll James Davis Jo n Gilman Esq r & Josh Peirce be a Com- 
mitte from this house to Joyne y e Committe of y e uper house for 
y e audit of y e Province Claims in order to be laid before y e Assem- 
bly for allowance Josh Peirce Cler to y e Assent 

In Councill 

Vot d that there be an Act past against guning in floats in this Prov e 
yt y e Powd r act be Revived — y t there be an act past about Tur- 
pentine & y* y e laws be Revised & that y e Committe of this house 
to joyne w th such as Shal be Chosen by y e house of Representa- 
tives for Preparing y e Bils accordingly be Sam 11 Penhallow & Rich d 
Wibird Esq rs Rich d Waldron Cler Con : 

8 Oct : 1717 

read 3 times & Voted a concurrance in al Excepting guning in 
floats — Josh Peirce Cle r y e Assembly 

*In Council * 1-2 10 

Vot d That y e Act Establishing y e Court of Appeals Consisting of 
y e Gov r & Coun 11 be repeal & y 1 y e time for s d Courts siting be ap- 
point y e 2 d tuesday of oct r instead of Nov r & y e 2 d Tuesday of May 
instead of ap 1 & y t y e Committe above Mention d prepare a Bill ac- 
cordingly — Rich d Waldron Cle r Con 



112 PROVINCE OF NEW HAMPSHIRE. [l 71 7 

8 oct r 1 71 7 

Red 3 times in y e house of Represent 5 & voted a Concurrance in 
every Article Except y 1 parragraph Relating to Guning in floats 
The House Adjorn d til to morrow nine a Clock 

9 Oct r The House mett accordingly Present 

m r Speaker Jo" Gillman Esq r Eastman Esq r 

Coll Davis And Wiggins Esq r m r Eph Dennett 

m r Hugh Read Cap 1 Tibbit Jo n Damra 

odiorn Cap 1 Gillman Josh Peirce 

Vot d y 1 Coll Davis John Gillman & Josh odiorn Esq rs be a Coram" 
to Joyne y e Coram" of y e uper house to prepare y e Bills above 
Mention' 1 Josh Peirce Cle r Ass — 

The house adjorn d for 2 hours — 
The house mett all Present as above 
The house adjorn d to 8 aclock tomorrow 

10 Oct 1 ' The house mett according to adjournm* Presant 

M r Speak 1 " ^ Tibbitt 

Coll Davis Denett 

Odiorn 1 -p rs Gillman 

Gillman f " Damra 

Wiggins Peirce 

Estman J m Read 

Vot d y* 3 men be chosen of y e members of this house to wait on his 
Excellency & Represent to him y e Greivance y* many of his Maj ts 
good Subjets labor under by being Restrained by Jo" Briger Esq 1 ' 
his Maj ts survey 1 ' from loging in y e woods in y s Province 
The house Adjorn d for 2 hours — 

The house mett & al Present as above 

* 1-2 1 1 * Vot d That his Excellency be Present d w th one hundred & 
Sixty pounds out of y e Interest of y e fifteen hundred 
pounds let out to Sundry Gent 111 in y e year 1714 to be paid in Bils 
of Crd of this Province 

Red 3 times & Order d to be sent up by 4 Memb rs of this house — 
the house Adjorned til tomorrow 8 a Clock 

1 1 Oct : The house mett accordingly Present as yesterday Viz" m r 
Speaker : Davis Odiorn Gillman Gillman Wiggins Eastman Tibit 
Denett Read Dam Peirce 

The house adjorn d for 2 hours 



I?l8] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I 1 3 

The house mett as above at 2 clock al Present as above 
The house adjorn 6 til tomorrow 8 a Clock 

12 Oct The house mett according to adjourn mt Present 

m r Speaker Wiggins Dam 

Davis Eastman Peirce 

Odiorn Tibbit Read — 

Gilman Gillman 

12 Oct : 171 7 y e following Dibenters were taken out in ful to this 
day Viz" m r Speak 1 " Packer 12 day 5 Denett 12 days Peirce 12 days 
Gilman 12 days Gilman 12 days^Tibbitt 11 days Davis 12 days East- 
man 1 1 days Read 1 1 days Odiorn 12 days Wiggins 12 days Dam 12 
days — 

12 Oct 1 71 7 The house sent for up into Council Chamber & Pro 
Rogu d till y e 2 Tuesday in Jan r y next by his Excellency Coll — 

Shute — 

* 171 7/8 21 feb. By Order of y e L" Gov r Went worth y e * 1-2 12 
house of Representatives were sumon d to meet att y e Court 

house y e Day above who mett accordingly Viz — m r Speaker Packer 
Coll Davis Cap 1 Tibbit Cap 1 H odiorn Cap 1 Read Cap 1 Jo n Gillman 
m r Eph Denett & Josh Peirce 

Whereas ye Selectmen of Portsm have Complain d to this house 
that their Town now lyes under a fine or Presentment for want of 
Schools in y e Town — 

Vot d y 1 y e Selectmen be impower d to Call & agree w th two School- 
masters for y e Town of Portsm y e one for Latin y e other for Read- 
in writing & Syphering & Setle them as may be most beneficial for 
y e Town at their best discretion 
Whereas we have been Inform 01 y 1 Oliver Noyes & Elisha Cook 
Esq rs of Boston have had Administration Grant d to them by y e Judge 
of Probate &ct for y s Province on y e Pretend d Rites & Properties of 
S 1 ' Cha s Hobby Deceas d & y 1 y e Bonds given for their Regular Admin- 
istra 11 was not Sufficient 

Wherupon it is y e Desire of y e whole house Present y t y e upper 
house who is y e Supreame Judge of Probate &ct : would put a Stop 
to any farther proceedings in y l affaire till y e Interest of y e Province 
be a little Consult d 

Vot d y 1 m r Speak 1 " Packer m r Eph Denett & Josh Peirce be a Com- 
itte from this house to Demand y e Bonds y 1 w r formerly given by 
Sundry Gentl mn of this Province for 1 500 pounds Bills of Crd for- 
merly lent to y m w ch Bonds were lodg d in y e hands of Coll Joseph 
Smith Deceas d — & now to be Demand d of his y e s d Smith 8 widdow 



114 PROVINCE OF NEW HAMPSHIRE. [ l 7 l & 

Relict & w 11 Receiv d to be lodg d in y e hands of y e Speak 1 ' of y e 
house of Representatives for y e time being till farther order 
the house adjourn d til tomorrow 8 a clock — 

* 1-2 1 3 * 22 feb 1 7 1 7 / 8 The house mett according to adjournment 

Present m r Speaker & y e Rest as yesterday — 
Wheras there has been some proposals of moving y e Province Rec- 
ord 5 from Maj r Vaughans it being Suppos d y* he y e s d Maj r was Ren- 
dred incapable of officiating in s d office through Natural indisposition 
The house having by a Comitte Confer d w th Maj 1 ' Vaughan do find 
him Capable to performe w t needfull as formerly Relating to that 
office & we y l are present being but about one halfe of this Society 
Vot d That y e s d Records be Continued w th Maj r Vaughan till farther 
order 

The house sent for by L" Gov r Wentworth & Prorogu d til y e 29 
ap r ensuing 

1718 : 29 ap r The house mett According to Prorogation present 

m r Speak 1 " Packer Davis Read 

Denett Tibbitt Dam 

Peirce Gillman Wiggins 

Gillman 

His Excellency 5 Speach 

Gent 11 This being y e usual time for y e Spring Sessions I am Come 
to meet you ; and am glad to find y 1 those coals of contention w ch 
were kindled & blowing up amongst us are by your Care in your Sev- 
eral Stations so hapily Extinguish 6 — all y l I have of Moment to ofer 
to you at this time is y 1 some spedy Methods might be thought on 
for y e Encouragm* of raising hemp & other Naval Stores w ch will be 
very acceptable to y e Court of great Brittaine & highly advantageous 
to this Province : as also y l there may be an Impost & Excise w ch I 
am Inform' 1 hath been y r Constant practis : before my Arrival in y s 
Governm 1 

Gent I believe this is a buisye Season of y e year I shall therfore 
so soon as you have dispatch 1 w* shal be Necessary Dismiss you to 
Pursue your own private affairs Sam 11 Shute — 

* 1-2 14 * 29 ap r 1 718 y e house adjourn d til tomorrow Eight a Clock 

30 ap r 1 71 8 y e house mett according to adjournm" Present m r Speak 1 " 
Packer Coll Davis Cap 1 Tibett Jo 11 Gillman P2sq r Cap 1 Jo 11 Gillman 
And 1 ' Wiggins Esq 1 " m 1 ' Jo n Dam : Josh : Peirce Eph Denett m 1 ' 
Eastman 
The house adjourn' 1 for two hours — 



lyiS] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 115 

The house mett according to adjournm" 
Vot d y 1 y e Excise be continu d for y e year Ensuing as formerly 30 

ap r 1718 
Vot d y 1 Cap 1 Reed & m r Eph : Dennett be a Comitte to joyne with 

such as Shal be Chosen by y e uper house to farme y e Excise of 

this Province for y e year ensuing 30 ap r — 171 8 — 

The house adjourn d til to morrow Eight a Clock 

1 May 1 71 8 the house mett according to adjournm" Present 

m r Speaker Packer Peirce •. Denet 

Davis Tibitt Dam 

Odiorn Read Wiggins 

Gillman Esq r Gillman Eastman 

The house adjourn d for two hour 5 

The house mett according to adjournment all present as in v e 
Morning — except m r Eastman 

The house adjourn d til tomorrow eight a Clock — 

2 May y e house mett according to adjournm" Present 

m r Speaker Denett Peirce 

Davis Tibitt Dam 

Gillman Gillman Wiggins 

Odiorn Read Eastman 

*The house adjourd for two hours * 1-2 15 

the house met according to Adjournment al present as in 
y e Morning 

The house adjourn d til 7 tomorow 

3 May The house met according toadjournm 1 Present 

Denett 
Dam 

Wiggins 
Eastman 

The house adjourn d till Munday 8 a Clock — 
5 May 1 718 The house mett According to Adjournm 1 Present 

m r Speak 1 " Packer Peirce Denett 

Coll Davis Read Dam 

odiorn Cap 1 Gillman Wiggins 

The Petition of Joseph Clifford of Hampton Read in y e house of Rep- 
resentatives & Voted y r on y 1 y e Petitioner Enter upon y e Estate men- 



m r Speak Packer 


Peirce 


Davis 


Tibit 


Odiorn 


Read 


Gillman 


Gilman 



H 6 PROVINCE OF NEW HAMPSHIRE. [ l 7 l % 

tion d in y e Petition & improve y e Same & Support y e fath r of s d Peti- 
tioner during life & defray his funeral Charge : & then Returne y e s d 
Estate to y e heirs &ct of y e Elder brother to whome y e Estate is be- 
queth d 

An Answer to his Excellencys Speach of 29 ap r 1718 

May it pleas your Excellency 

It is \v th much more pleasure y* we now have an oppertunity to meet 
y r Excell y y n w n y os Jarrs & Discord s w ch have for some time past un- 
hapily Disturb d & Clog d y e affairs of y s Govern* are vanish d — 

We are of opinion y t y e raising of Hemp & other Naval Stores 
would highly Conduce to y e Interest of this Province : as wel as be 
Servisable to y e Crown of great Brittain :but by reason of y e late long 
& tedious warr y e people of this Province have been so long pent up : 
as y 1 yet y r is not yet land Enough opend to raise a sufficiency of Corn 
for their Support : so y l att present we are not Capable to prescribe 

measures y* may Encourage itt — 
* 1-2 16 * 1 71 8 And as to an Act of Impost we are of opinion y* y e 
Charges of y e Gover" is more Easily Defray d by way of Tax 
upon all persons & Estates — & y* it is most for y e Interest of all 
his Majes ts good Subjects of y s Province to have a free port this 
year — 

But we think an Act of Excise very Reasonable & Desire one may 
be prepar d accordingly & as itt is y e Seed time of y e year we Shal to 
our uttermost forward all buisness y* this Sessions may be Short & 
in order therto — Desire y l y e Committee 55 for Auditing acc tls & Re- 
vising & preparing Laws may spedily give in their Reports y i we may 
proceed thereon Tho s Packer Speak r 

The house adjournd for two hours 

The house met according to adjournment al present as in y e Morn- 
ins; — 

The house adjourn d til tomorow 8 a Clock 
6 May 1718 The house mett according to adjourm" Present 

m 1 ' Speaker Packer Peirce Denett 

Dam 
Wiggins 
Estman 

The house adjourn d for two hours — 

The house mett according to adjournment al Present as in y e 
Morning — 

The house adiournd till eicrht a clock tomorrow 

j o 



Davis 


Tibitt 


Odiorn 


Read 


Gillman 


Gillman 



I?l8] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 117 

7 May The house mett according to adjourn" Present 

m r Speak 1 " Packer Peirce Denett 

Davis Tibitt Wiggins 

Odiorn Read Eastman 

Gillman Gillman 

The house adjourn d for 2 hours — 

The house Mett according to adjourn* all present as in y e Morn- 
ing 

* 1 71 8 The house adjourn d til 8 a clock tomorrow * 1-2 17 

8 May The house Mett according to adjournm* Present 

m r Speak 1 " Packer Peirce Denett 

Davis Tibitt Dam 

Odorn Read Wigins 

Gillman Gillman Eastman 

The house adjourn d for 2 hours — 
The house mett accord g to adjourn m 1 — 
The house adjourn d til tomorrow 8 a clock — 

9 May y e house met according to adjournm" all Present as yester- 
day — 

Vot d that y r be an Aditional act to y e act formerly made for Inspect- 
ing & Suppressing of Disorder 3 in Licen d houses — & y l y r be a 
Comitte apoint d to draw up y e act accordingly — against Cards 
Dice & pinplaying & Shufelboard — 

Josh Peirce Cl r Asem^ 

The house adjourn d for two hours — 

The house met according to adjournm" — al Present as in y e 
Morning 

Rich d Dollife having Petition d y e Gen 11 Assembly for Releife being 
much Reduc d by Journying to Canada &ct for his Captive Chil- 
dren — 

Vot d y t Ten pound 5 be paid out of y e publick Treasury of this Prov- 
ince to m r Jacob Windel of Boston on ace" of y e Petitioner aboves d 
The house adjourn d til Tomorow 8 a clock 

10 May The house met according to adjournm" all Present as yes- 

terday 

* 10 May 1718 Memorand — y t Coll Plaisted 5 Bond for fifty * 1-218 
pound 5 w ch he took of y e 1 500 pound 5 of y e Publick money is 

this day put into y e hand 5 of m r Treas r Penhallow in order to be put in 



Il8 PROVINCE OF NEW HAMPSHIRE. [ l 7 l & 

Suit against him he Refusing to Renew his Bond w ch terminated in 
oct r 1 716 last past as y e other Gen n men did who were equaly Circum- 
stance w th him 

The Petition of y e Inhabitants of Kingstown having been Read & 
Consider in this house : — 

Vot d y t y e Inhabitants of Kingstown shal have five hundred pounds 
out of y e 1500 pounds y* is in y e hand s of y e Grand Comitte for 
Managing y e 15000 pounds of Bank Bils provided y r be so much left 
when y e charge of making Signing & Emitting &ct of s d Bills of 
Crd be Defray d 

In Council 

James Davis Jo n Gillman Sam 11 Eastman Esq rs Came to this board 
from y e house Representatives & Declard that they were present in s d 
house when y e vote of Gen 11 Assembly about y e Diference at Portsm 
Dat d 8 oct r 1 717 was past in their house &y* Cap 1 Pickren being Sent 
for was Present in s d house & heard S d vote Read w ch he s d was right 
& Consented to before y e vote was past — 

An Explanation of y e Vote of y e Gen 11 Assem bl > r past in 8 Oct r 171 7 
Relating to y e Diference 3 in y e Town of Portsm 
Whereas there was two Petitions Prefer d to y e Gen 11 Assembly one by 
y e party of y e Bank parish y e other by y e mill dam Parish Relat- 
ing to y e Setlement & Suport of y e Ministry in Each Parrish amongst 
other perticulars y n Resolv d on ■ — it was Vot d y* al y e Inhabitants of 
Portsm unless those therin Except d Viz" y e Parish of Greenland & 
those formerly Set of to Newington should be Assess d to ye 
* 1-2 19 Support of m r Rogers as formerly by * three men Legally 
chosen at a Regular parish Meeting for y* end — Excepting 
also al those y t were dispos d to Support y e Ministry in y e Old meeting 
house — who by s d vote were oblig d to distinguish y m selves : Cap 1 
Pickren being present as Representative for y e Mildam Parish : by 
giving in y r Names to y e Selectmen of y e Town on or before ye 20 
Nov r of above s d year — & wheras by mis Representation of s d vote 
Sundry Inhabitants have been Rate d by y e Churchwardens to both 
Parishes to y e great wrong of s d Inhabitants so tax d or Rated — 
Vot d y l it is to be understood y l al y e Inhabitants belonging to both 
y e Parish* of y e Bank & Milldam were from y l day forward to be 
att their Liberty to Joyn themselves to w ch Parish they pleas d & y l 
having Declar d to which ministry they would joyn they should 
not be Rate d or Tax d by y e Churchwarden 5 of y e other Parish any 
Law usage or former Custome to y e Contrary Notwithstanding — 
Read in y e house of Representatives & order 6 to be Sent up to y e 
uper house for concurrence — Josh : Peirce Cl r Assem ly 



Davis 


Tibit 


Gillman 


Gilman 


Odiorn 


Read 



I7l8] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I 19 

Vot d y* any Member of this house y 1 shal neglect to wear his Sword 
or be found w th out it during y e Sessions of Gen 11 Assembly from 
y s day shal pay a fine of five shils to Clark for y e Use of y e house — 

The house adjourn d til munday next at nine a Clock 

12 May The house met according to adjourm* Present 

m r Speak r Packer Peirce Denet 

Dam 

Wiggins 
Eastman 

The house adjourn d for f of an -hour 

The house met according to adjournm 1 al present as in y e Morn- 
ing— 

* The Titles of Sund r act past 10 May 171 8 * 1-220 

Viz" — 1 — An act to prevent Comon Nusances 

2 — An Act to prevent Causles Arests &ct — 

3 — An Act directing y e admission of Town Inhabitants 

4 — An Act for Regulating Town & Proprietors Meetings 

5 — An Act for Regulating fferryes 

6 — 

7 — An Act for beter Securing y e paym" of Prison Charges 

8 — An Act for providing Pounds & to Prevent Rescous 

or pound breach — 

9 — An act for Regulating Townships Choice of Town offi- 

cers & Seting forth their power 

10 — An act for y e Encourag s y e Kiling of Wolves 

1 1 — An act Relating to Strays & Lost goods &ct — 

12 — An act to prevent y e Concealing Estates from Assess 1 ' 3 — 

13 — An act for y e Beter Regulating Swine going at Large 

14 — An act for Suppressing Robery 5 & Assaults 

15 — An act for Restraining Inhumane Severityes 

16 — An act for Regulating Catle Cornfield 5 & fences 

17 — An act to prevent Trespasses in Cuting down trees upon 

land w th out fence — 

18 An act for payment of wound d Souldiers — 

19 An act for Suppressing & Punishing Rogues Vagabond 

&ct 

20 — 

21 An act for y e Equal Distribution of Insolvent Estates 

22 An act Relating to Surties in Mean process in Civil Ac- 

tions 

23 An act for Regulating weights & Measures 



120 PROVINCE OF NEW HAMPSHIRE. [i 718 

24 An act against Murder &ct 

25 An act about powder Money — 

26 An act to prevent Charges arising upon this Province for 

prisoners Comit d for theft 

27 an act to Enable Crd rs to receive y r Just debts out of y e 

Efects of y e absent or absconding detors — 

28 — An act Ease people y l are Scrupulous of Swearing 

29 — an act against Intemperence Prophanes Imorality & for 

Reformation of raaners 

30 an act Relating to y e office & Duty of a Crowner — 

31 an act for Establishing y e formes of oaths — 

32 an act for making lands & tenements lyable to pay Debts 
33 an act for regulating y e Militia — 

* 1-22 1 * 34 an act for Repealing of y e act ab l Bankrupts — 

35 An actt to enable Town Villages & proprietors in Comon 
& undivided Lands to Sue & be Sued 

36 — an act for Repairing highways &ct 

37 an act Relating to apeals from judgments in Bar or 

Abatement 

38 an act in adition to y e act Entituled an act for y e better 

observation & keeping of y e Lords day 
39 — an act Prescribing forms of writts in Civil Cases 

40 an act against Hawkers Pedlers & Petty Chapmen 

41 an act for Explanation of y e act for Establishing Courts 

of publick justice in this Province 

42 an act for Regulating fees 

43 an act for Regulating Mills 

44 an act for Privilidge of ye Members of y e General Assem- 

bly 

In y e house of Representatives 

Vot d y l y r be an act drawn up for y e Regulating of y e fishery & y 1 y r 

be a Comitte apoint d to draw up y e act accordingly — 
12 May 171 8 — Read & order d to be sent up for Concur 110 

Josh Peirce Cl r Assem ly 
Vot d y l Joth Odiorn Esq 1 & Cap 1 Hugh Read be aComitt e from this 

house to joy no y os to be chosen by y e uper house to draw up s d act 

Josh : Peirce Cl r Assem ly 

a Vote was sent by y e house of Representatives to y e uper house 
for defering the payment of one halfe of y e two thous d pounds w ch 
Should have been Rais d y s year unto y e year 1723 

The house adjourn d til tomorrow 6 a clock 



1 71 8] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 121 

13 May y e house Met according to adjourn 1 al Present as yester- 
day Except Cap 1 Wiggins — who Came in quickly after — 

In y e house of Representatives 

Wheras it appears to y s house by m r Treasu rs acc tts for y e two years 
last past y* y e growing Charge of y e Province hath been very great 
Vot d y t two thous d pounds Bils of Crd of y s Province be repeated 
& y* y e same shal be paid in y e year 1722 

* 13 May Vot d one thous d pounds of y e above s d Bills now * 1-222 
in y e Treasury be burnt by y e 4 day of June next & y t a 

Comitte of both house be chosen for y 1 end — 
Vot d y* Coll Packer Coll Davis & Capt Read be a Comitte from 

this house to joyne such as shal be Chosen by y e uper house to sey e 

nine hundred pounds burnt w ch is now order d by y e gen 11 Assembly 
Vot d y* his Excelency Coll Shute be present d w th 140 pounds & y l y e 

same be paid out of y e Treasury 

13 May 1 71 8 Vot y 1 y e L" Gov r Wentworth be allow d 5/0 a day 
to be aded y e 5/0 alowd him as a Counsel 1 ' — 

Order d y t y e publick acc tts of this Province be shut up : this house 
not having time now to go through w th them & y t upon y e first open- 
ing of y e house at y e Next Sessions y e same acc tts shal be first pro- 
ceed on til perfect d 
Vot d y* y e ffort boat shal attend y e Members of Gen 11 Assem ly for 

carrying y m up & Down during each Sessions 

The house adjournd for one houre 

The house met according to adjourn 1 — 
Mem : itt being y e time of y e Sitting of y e Superior Court y e house 

adjourn d from y e Court house to y e great room in m r Speak 1 " Pack- 
ers house 

The house adjournd til tomorrow 7 a Clock — 

14 May The house met according to adjournm 1 Present M r Speak r 
& al as yesterday — 

* 7 May 1 71 8 Vot d y 1 y e Comitte appoint 6 by y e General * 1-223 
Assembly in 171 5 shal forthwith Run y e lines as is Express 6 

in s d vote & imediatly make Return of y r doings therin unto his 
Hon r y e L tt Gov r & farther y 1 y e s d Comitte be Sworne before a jus- 
tice peace to y e faithful discharge of their office & farther y t y e 
bounds between Portsm & Hampton be first Run & so Round in 
Course — Rich d Waldron Cl r Con 1 



122 PROVINCE OF NEW HAMPSHIRE. [ I 7 I 8 

In y e house of Representatives 
Red & Concur d w th — Josh : Peirce Cl r Assem — 

Order d y 1 m r Speak 1 " — Cap 1 Odiorn Cap 1 Read L" Eph Dennet & 
CT Peirce go tomorrow to see y e 900^ province Bils Burnt — 
the following Dibenters were taken out to this day 14 May 1718 
Viz" 

Coll : James Davis — 20-days 

Cap 1 Sam 11 Tebet — 19-days 

Cap 1 Joth m Odiorn — 18-days 

M r Read— 16-days 

Cap 1 John Gillman — 20-days 

John Gillman Esq r — 18-days 

And r Wiggins Esq r — 16-days 

M r John Dam — 16-days 

Sam 11 Eastman Esq r 14-days 

Vot d y* W m Moore be aded to y e above Comitte & y 1 y e s d Comite 
do meet att any time & place according to a Warrant or order of 
y e L u Gov r under his hand upon y e forfiture of 20/ a day for every 
day any Person shal neglect or Refuse to appear unless lawful 
cause be shewn for his absence — 

Read in y e house of Represen 15 & order d to be sent up for Concur- 
rence — Josh : Peirce CI 1 Assem^ 

May 12 — 1 71 8 In Council 

Voted a Concurrence Rich d Waldron Cl r Con — 

* 1-224 * Wheras y e Town of Kingstown in this Province at this Ses- 
sions of Gen 11 Assem ly have had y e Sum of S°°£ vot d them 

out of y e 1 500^' Lodg d in y e hands of y e Grand Comitte being part 

of y e 15000 pounds Rais d in Oct r 171 7 — 

Vot d That Kingstown have five hundred pound 5 out of y e fifteen 
hundred pound 8 above s d they paying y e Sum of three "$ cent ^ 
Annum yearly & y e principle also at y e End of y e time agreed on 
w th y e Grand Comitte & to give land Security y e interest to begin 
upon Receipt of y e Money — 
The house sent for up by his Excelency Coll Shute & Prorogu d to 

y e first day of august next 14 May 171 8 

1 aug st 1 71 8 Met according to Prorogation present M r Speak r Packer 
Joth Odiorn Esq r & Josh Peirce Maj r Gilman Cap 1 Jn° Gilman 
by Order of L u Gover r Wentworth y e Generall assembly is farther 
Prorogue d to y e second tuesday in octob r Next : 
1 aug st 171 8 Josh Peirce Cler : Assem 



1 71 8] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 23 

1 71 8 7 Oct r by vertue of his Excellency Coll Shute s Special war- 
rant y e house mett this day Present 

M r Speaker Cap 1 Tibitt Cap* Read 

Denett Maj Gillman m r Jo n Damm : 

Peirce Cap 1 Jo n Gillman Maj r Ware 

Coll Davis Joth Odiorn Esq r 

Maj r Peter Ware being Chosen by y e New Parrish of Hampton by 
vertue of y e Govern 1 " 5 precept for a representative being y s day qual- 
ified took his place att y e board accordingly 7 Oct 1718 — 

The house adjour d til tomorow nme a Clock 

* a Copy of his Excellencyes Speach 7 Oct r 171 8 — * 1-225 

Gent lm there was so much buisnes done y e last Sessions y l I do 
not know of much y* necessary to be done at this meeting — al y* I 
have to Recomend to you is w* my Master y e King Comand s me : w ch 
is y* y e Castle w ch is very much decay d in its works & fortifications 
be repaird & y t y e Goal may be made so Strong as to prevent Escapes 
for y e future & y 1 a place of Execution may be apoint d & a galows 
Erect d for Justice w th her Scales in her hand w th out her Sword : wil 
make but a Meane figure in y e world 

I am also to Informe you y 1 y e Province of y e Massachusets has ac- 
cording to y e Instructions given me by y e King : Grant d their L tt 
Gov r Some alowance to defray y e Charge w ch Necessarily attend s y* 
Station & I question not but you wil follow their Laudable Example — 

I hope y e Detachment y* I sent under y e Comand of Cap 1 Mooday 
has att present broke y e vile designs of y e Indians but am Sorry to 
hear y 1 y e greatest part of y e New hampsh r men have so Shamfully 
betray d y e trust their Country Repos d in y m by Desertion : I have 
order d them to be taken up y l so they may be brought to condign 
punishment w ch I hope wil prevent it for y e future — 

I have used my best Endeavours to Serve this Province by getting 
y e Duty of your Lumber to be taken of and am pleas d y l I can ac- 
quaint you y 1 I am not w th out hopes of having itt done in a Short 
time — 

Gent lm I have nothing farther to Recomend to you but Dispatch 
in y e affairs before you Sam 11 Shute 

8 Oct r y e house mett according to adjournm" Present 

Coll Davis Cap 1 Gillman Read 

Maj r Ware odiorn Dam 

Maj r Gillman Denett Peirce 

Tibitt 



124 PROVINCE OF NEW HAMPSHIRE. [ I 7 1 8 

Coll : Davis Chosen Speaker pro Tempore — 

The Petition of Jo n Burss of oyster River being Read wherin he 

Sets forth his Necessitous Circumstances — 

Vot d y 1 y e Selectmen of Dover be advis d to do y r duty & take care 
of y c s d Jo" Burss & supply him w th w* he is in Necessity of ac- 
cording to y e law of this Province & y 1 y e Town pay 20 yearly out 
of y e town Stock 

* 1-226 * The house adjourn d for two hours — 

The house met according to adjournm 1 all present as in y e 
Morning — 

The house adjourn d to eight a Clock in y e Morning — 
9 Oct : the house mett according to adjourm 11 Present 

m r Speak 1 " Gillman Wiggins 

Denett Gillman Ware 

Peirce Dam Tebett 

Davis Eastman 

Vot d y 1 m r Speak 1 " Packer Maj 1 ' Jo" Gillman Esq Joth m Odiorn Esq 1 " 
& Cap 1 Hugh Read be a Comitte from this house to joyne Such as 
may be Chosen of y e uper house to view y e Prison — & y e ffort 
at Newcastle & y 1 they make y 1 ' Report imediately to y e General 
Assembly y 1 this Sessions may Make orders for w l Necessary accord- 
ingly — Josh Peirce Clerk Assent 
The house adjournd for two hours — 

The house met as in y e Morning & Maj r Ware also 
Vot d y 1 m r Speaker Packer Jo n Gilman Esq 1 " Joth m Odiorne Esq r & 
Cap 1 Hugh Read be a Comitte from this house to joyne such as 
may be Chosen of y e uper house to apoint a proper place for Exe- 
cution of Criminals & to order a Gallows to be Erect d for y 1 End 

Josh Peirce Cl r — 
an acc u of w 1 order d to be paid out of y e Treasury On y e acc tts of 
Subsisting Keniston & y e Indians &ct : Viz" 

to m r treasur 1 " 42- 9-9 

to y e undersherif — 14-1 5-0 
to m r Jam s Jeff rye — 1- 5-0 

The house adjourn d til tomorow 8 aclock — 

10 — The house Mett according to adjournm 1 Present 

m r Speak 1 " Tebets Read 

Denett Estman Odiorn 



1718] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 25 

Peirce Gilman Wiggins 

Davis Gilman Dam 

Ware 

* 1 71 8 The house adjourn d for two hours — * 1-227 

The house met according to adjourm* Present as in y e 
Morning 

The Petition of y e Selectmen of Portsm having been Red Relat- 
ing to moving y e Prison & a Comitte of four members of both houses 
Chosen to agree & make their Report theron — 

The house adjourn d til tomorrow v 8 a Clock — 

1 1 Oct r The house met all Present as yesterday Except m r East- 
man 

The Comitte for making Report of y e most proper place for pun- 
ishing Criminals & Erecting a Gallows having made their Return w ch 
was Concurd w th by y e Council & Vot d by y e Assem by Viz" y 4 y e late 
usual place near y e present Goal be y e place for punishing Criminals 
& y* a Gallows be Erected in y e Old Training field of Portsm be- 
tween Mess rs Will m Cotten & Edw : Cates their houses — 

Tho s Packer Hugh Reed Shad Walton 

Joth m Odiorn The° Atkinson R Wibird 

The Comitte for viewing y e foart at Newcastle & y e Comon Goal at 
y e Bank having made Report of y e Deficiency of Each it was Vot d by 
both houses y l y e s d Comitte Viz" Mess rs Packer Gillman Odiorn & 
Reed shal se to y e Needful repairs of the Same as Soon as they may 
w th Conveniency — 

Vot d y 1 Coll : Packers house att Greenland by y e Mill dam in y e 
Country Road be one of y e Publick licenc d houses allow d in Portsm 
paying Excise according to Law — 

11 Oct r 1718 Josh Peirce Cl r Assem 1 ? 

*n Oct 1718 The Petition of y e Inhabitants of New- * 1-228 
castle w r in they desire y* order may be Grant d y* an in- 
diferent Comitte may be apoint d y t is in no way Interest d in either 
Town to Run their first line & to allow y r bound 5 to Run by hamp- 
ton line to y e Sea as was formerly Vot d which Petition was Vot d 

Josh Peirce Cl r Assem ly 
Vot d y l y e Comitte & Represent 3 of Each Town or Parish in this 
Province for leting out y e 15000 pounds Rais d in oct r 171 7 be 
allow d two ^ Cent to defray y e Necessary Charges in leting out y e 
Same & y* y e Several Comittis & Represent 5 of Each Town bring 
in their acc tts & Mortgages to y e Grand Comitte att their Next Ses- 



126 PROVINCE OF NEW HAMPSHIRE. \_ l 7 l % 

sions w 1 ' they Shal Receive their wages w ch Sessions wil be y e first 
wensday in Nov Next & whoever of s d Comittes in any town shal 
neglect to attend this order shal lose their whole Claime 
Vot d y* his Excellency be Present' 1 w lh 90 pounds out of y e treasury 
of y e Province 
The house adjourn d for two hours — 

The house met according to adjournm* all Present as in y e Morn- 
ing — 

The house adjourn d til Munday Next 9 : a Clock 

an answer to his Excellency 5 Speach — 

May it pleas your Excellency 

We are of opinion y l tis highly Necessary y l y e ffort at New Castle 
be repaird & have Chose a Comitte for y 1 end — as also y 1 al due care 
be taken by y e Same Comitte to Repaire y e Goal & y* a place of Ex- 
ecution be apoint d & a Gallows Erect d — 

& our Regards to y e L tt Gov r are such y 1 we would willingly Demon- 
strate them by a generous Present but y e publick Charges are so 
great y 1 we have no other View but y e Excise of this Province til 
next may Provided y e honour ble y e Council may be prevail d w th to 

Come into it 
* 1-229 * We thankfully acknoledge your Excellencys Early care 
to prevent any vile design of y e Indians by Sending out 
Cap 1 Moody w th a Scout to Cover y e frontiers — But in as much as 
your Excellency was pleas d to order one thir d part of s d Scout out of 
this Province : we Humbly pray y* this may be no President for y e 
future this Province being but about a twelfth part in proportion in 
Capacity w th y e Massachusets — 

We Rejoyce in y r Exellency 3 favour Relating to y e Duty of our 
Lumber being taken of & Humbly pray y l y r Excellency wil pleas to 
Continue y e Same to us — & as to y e Present Buisnesof this Sessions 
we shal use al possible Dispatch to Shorten y e Same 

Tho s Packer Speak r 

13 Oct r 1 71 8 the house met according to adjournm* Present 

m r Speaker Maj r Gillman Ware 

Denett Cap 1 Gillman Dam 

Peirce Odiorn Wigins 

Read 

the house adjournd for two hours — 

the house mett according to adjournment all present as in y e 
Morning — 



1 71 8] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I 27 

The house Sent for up into Council Chamber & were Prorogu d to 
y e 30 Decern 1 " w ch wil be on a tuesday by his Excellency Coll Shute 
13 Oct 1 71 8 Josh Peirce Cl r Assem 1 ? 

Memoran d m r Speaker took out his Debenter for his Servis in Gener 11 
Assembly from 12 Oct 1717 to y e 13 Oct 1718 being al y l was then 
due for 31 days 

L tt Eph : Dennett for D° — 29 days — 
Josh Peirce for D° — 32 days — 

* 1718 : Dec r 30: The house mett according to Proroga- £* 1-230 
tion Present 

m r Speaker Packer : Denet : Dam 

Odiorn : Reed — Wigins 

Gillman : Gillman Ware 

Peirce 

The house adjourn d for two hours — 

The house mett according to adjournm* al present as in ye Morn- 
ing 

31 Dec r Vot d y 1 three shils be added to y e Seven formerly allow d 
to make y e stipend or wages of Each Comitte man for Setling town 
Bounds &ct ten shils ^ Diem — Rich d Waldron Cl r Con — 

Read twice in y e house of Repres ts & Concurd 

J Peirce Cl r Assem 

The Comitte appoint d for Setling y e Town bounds w th in this Prov- 
ince &C 1 made their Return & gave in a Coppy of y e Journal to his 
Hon r y e L tt Gove 1 " w ch Return & journal both dated 24 : x r 171 8 was 
this day by him laid before this board where it was accept d & Voted 
y 1 y e Return be herby Confirm d & y 1 y e bound 5 y r in Mention d shai be 
y e Establish d lines & boundaryes for al y e town therin Mentiond & y t 
it be sent down for Concurance 

30 x r 1 71 8 Rich d Waldron Cl r 

Red & order d to lye under Consideration til y e next Sessions — 

Josh Peirce Cl r Assem 1 ? 
The house adjourn d til Seven a Clock tomorrow morning — 

31 Dec 1 " The house met according to adjournmen t al present as 
yesterday & Coll Davis 
The house adjourn d for an houre & halfe 

The house met according to adjournm" 

James Jeffry 8 ace" for Runing y e Lines between y e Several towns 



128 PROVINCE OF NEW HAMPSHIRE. [ I 7 I 9 

& Parishes in y e Province &ct — amounting to 1 4/10/0 allow d & 
order d to be paid out of y e treasury — 

Vot d y r y e 200 pound Publick money formerly let to Rich d Gerrish 
Esq* Deceas d be Demanded of his Son Rich d Gerrish & if he ne- 
glect or Refuse to pay y e Same y l y e Bond be put in 

* 1-23 1 * Suitt : & y 1 M r Speak r Packer & Josh Peirce be impower d 

to se y e Same Prosecuted to Efect Josh : Peirce Cl r Asem ly 
Vot d y l whosoever shal from hence forward discover any person or 
persons y t shall be guilty of Counterfiting any of y e Plates or Pub- 
lick Bils of Crd of the Province of Newhampsh r & Convict him or 
them of y e Same Shal as a gratuity fifty pounds out of y e treasury 
of this Province and y t y e treasurer be desir d to take Care y e 
same be insert d in y e Publick News letter — 

And that if his Excellency think meet to make any alteration of 
y e above vote to bring it more in Conformity to y e tenor of y e Massa- 
chusets proclamation not altering y e bounty he be desired to do the 
Same. 

The house Sent for up into Council Chamber & prorogu d by his 
hon r L tt Gov r Wentworth till y e 25 March next — 

1 719 Mar : 25 : The house mett according to Prorogation present 

m r Speak r Packer Read Gillman 

Peirce Ware Dam 

Denett Gillman Tebett 

The house sent for up into Council Chamber & Prorogu d to y e 23 
ap r next by his hon r y e L" Gov 1 ' — 

Memorand : m r Jn° Dam took out his Debenter for his Servis in 
Gen 11 Assemb ly from y e 14 May 1718 to 25 Mar 1719 being al y l was 
Due 14 days 

* 1 719 23 ap r The house mett according to Adjournmen 1 * 1-232 
or Prorogation Present 

m r Speaker Wigins Odiorn 

Peirce Gilman Reed 

Denett Gilman Tebett 

Ware Dam 

His Excelency 5 Speach 

Gent : I promis d you Some time Since y t I would use my Best En- 
deavour at home to gett y e duty taken of from your Lumber & can 
now w th great Pleasure assure you y* our Gracious Lord & Master 
King George has given his Consent to it — 



tyig] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 29 

To make this Royal favour y e most servisable to us it wil be highly 
Necessary to Ascertaine y e Number of Mills w ch will Make your 
Lumber very valuable ; wil very much preserve y e timber & wil also 
be very acceptable to y e Crown & Shew our Gratitude to y e King for 
his Signal favour toward s this Province — 

There are dayly Complaints Made by y e People that live near y e 
lines of y e injustice they Suffer by their Remaining so long unsetled : 
I wish that y e Comissioners on both Sides would quickly meet & 
find out Some Metho d to terminate this unhappy Difference w ch 
would very much tend to Cultivate a good harmony & friendship 
betwixt y e two Provinces 

I have nothing more at this time to offer but again to Remind you 
of Repairing y e Castle to give al Necessary Encouragm* to y e Rais- 
ing of Hemp & also to these new Iron works : w ch w th y e Duty taken 
of y r Lumber will w th wise Managment Render this a happy & 
flourishing Province 

Ap 1 23 d 1 7 19 Sam 1 Shute 

*The house adjourn d til tomorrow Eight a Clock * I_2 33 

24 ap r y e house mett according to adjournment Present 

m r Speak 1 " Packer Tebett Wiggins 

Peirce Dam Ware 

Denett Gilman odiorn 

Coll Davis Gilman Read 

Vot d That Coll : James Davis Joth m Odiorn Esq r & Josh : Peirce be 
a Comitte from this house to joyne Such as may be Chosen of y e 
uper house to Auditt y e Publick acc tts of y e Province 

Josh Peirce Cl r Assem y 
Maj r Pet r Ware & Maj r Jn w Gilman Esq rs & L" Eph : Denet are 
apoint d a Comitte to Answer his Excellency 3 Speach 
The house adjourn d for two hours — 

The house mett in y e afternoon al Present as in y e Morning — 
In answer to your Excellency 3 Speach 

We Return your Excellency many humble & hearty thanks for 
your great favour obtain d of his Majest 3 in taking of y e Duty of Lum- 
ber — 

As to ascertaining y e Number of Mills we Leave itt to farther 
Consideration 

As to Seteling y e line between y e two Provinces we are Ready to 
Chuse a Committe to joyne w th a Committe of y e upper house to 
Meet w th a Committe of y e Massachusets when they please for that 
end 



130 PROVINXE OF NEW HAMPSHIRE. [ l 7 l 9 

as to y e Repairing y e Castle there is a Comitte Allready Chosen 
to Se y l it be done and are dayly providing for y e Same 

as to y e Encouragm" of Raising Hemp we are ready to give al 
Incouragm" w ch may be thought Reasonable — 

as to y e Ironworks we are Humbly of Opinion y l y e profit therof 
may Support y e undertakers of y e Design 

* 1-234 * 1719 24 ap r Vot d y 1 y e Excise be continue d for y e year 

Ensuing & y : a Committe be Chosen to take Care of y e 

Same — 
Vot d That Cap 1 Hugh Reed & L" Eph : Denett be a Comitte from 

this house to Joyne such as may be Chosen by y e upper house to 

farme y e Excise for this present year Josh : Peirce Cl r Assem? 

Wheras there is a Controversie between the Province of New 
hamp sh & Mass a ts Concerning y e divisional line between s d Provinces 
w r by Several Misunderstandings have arisen & may Stil arise for pre- 
vention w r of it is 

In Council 

Vot d y t Mark H unking & Rich d Wibird Esq rs be a Comitte from 
this Board to Joyn w th two y l may be Chosen by y e house of Rep- 
resentatives to goe w th a Surveyer y t they Shal appoint & have w th 
them & view Merimack River & take a Survey Draught of s d River 
& to Run y e s d divisional line according to y e Massachusets Char- 
ter & to make a Returne of y e s d Draft of y e River & line att y e 
Next Sessions of Gen 11 Assembly & y* y e s d Committe be paid out 
of y e Treasury ten shils a peice f3 Diem for their Service as also 
y e Chain men &ct to be paid out of y e treasury — 
24 ap r 1 719 Rich d Waldron Cl r Con 

In y e house of Representatives 

Read & Concur 6 — Josh Peirce Cl r Assem- V 

Vot d That Coll : Jam 5 Davis & Major Pet r Ware be a Comitte from 
this house to Joyne y e Gent 1 of y c Com" of y e upper house to Run 
y e line & take y e Draft of y e River Merrimack & make y r Return as 
above — Josh Peirce Cl r Assem? 

* 1-235 * The house Adjourn d til tomorrow Eight a Clock 

25 : ap r : The house Met all Present as yesterday — 

In Councill 

Vot d y l his Hon 1 ' y e L u Gov r Mark Hunking & Geo Jaffry Esq" be 
of y e Comitte from this board to joyne w th y os Chosen by y e 
lower house to auditt y e Publick acc u of y e Prov e 
24 ap r 1 719 Rich d Waldron Cler : Con 



1 719.1 JOURNAL OF THE HOUSE OF REPRESENTATIVES. 131 

Vot d That his Excellency be Presents w th no pound to be paid out 
of the Treasury of this Province in Bills of Crd of the Same 

Josh : Peirce Cl r Assent 
The house Adjourn d til tuesday Next ten a Clock 
1 7 19 28 ap r The house mett according to adjournment Present 
m r Speaker m r Dam Davis 

Denett Gillman Odiorn 

Peirce Gillman Reed 

Ware 
The house Adjorn d til tomorrow Eight a Clock 

29 — The house mett according to adjournm" all Present as yester- 
day & m r Tebett & m r Dam & m r Eastman 

The house adjourn d for 2 hours — 

The house mett as by Adjourm 1 — 
* 29 ap 1719 The house adjourn d til tomorrow Seven a * 1-236 
Clock — 

30 ap r The house mett according to adjournm" Present 

m r Speak r Gillman odiorn 

Peirce Gillman Reed 

Denett Davis Ware 

Dam Tebett Eastman 

Eliph" & Tristram Coffin 5 Petition Read In y e house of Repre- 
senta ts from y e uper house & 
Vot d a Concurance — Josh Peirce Town Cl r 

The Petition of Benj n Levitt of Stratham for lince to keep a Pub- 
lick house free of Excise y e Desire of y e s d Petition being Grant d by 
the uper house : y e house of Represent 8 having Consider d it vote d a 
Concurrence Josh : Peirce Cl r Assem y 

Voted that four pound 5 be aded to w* already allow d m r Speak r 

Packer for fireing for y e Courts &ct : 

This day y e Comitte of Auditt made their Returne of y r Doings 
& laid y e Same before y e house for their allowance — 

This Day a Vote was past for Preventing al Iron Mine or Ore Not 
to be transported out of y e Province 

The house adjourn d for two hours — 

The house mett according to adjournm* 

* In y e house of Represent 5 * 1-237 

Vot d That y e Town of Newcastle have y e liberty of building a 
Bridge from Great island to Sander 5 Point on y e Maine Land : Pro- 



132 PROVINXE OF NEW HAMPSHIRE. [ l 7 1 9 

vided it be done at y e proper Cost of Newcastle or such as shall 
freely Subscribe therto : they leaving a Convenient passage for 
Shallops &ct by a Drawbridge — 
30 ap r 17 19 — Josh : Peirce Cl r Assent 

The house Adjourn d til Eight a Clock tomoro 

1 May The house mett according to adjournment all Present as 
yesterday Except m r Dam — 
Maj r Ware Chosen Speaker pro : Tempore — 
The house adjournd for 2 hours — 

The house mett according to adjourm 1 — 

Wheras there was a Motion made by y e Uper house y x Maj r 

Vaughan was Rendred uncapable of Managing y e Publick Records of 

y s Province he being Superanuat d 

Vot d y l y e Records be Remov d from Maj r Vaughans unto Some 
meet person y l Shal be appoint d — 

Vot d yt Sam 11 Penhallow Esq r be y e Record 1 ' of y s Province & y l y e 
Records be remov d into his hands During pleasure 
1 May 1 719 Josh : Peirce Cl r Assent 

The house adjourn d til Seven a clock tomorrow morning — 

1 719 2 May The house mett according to adjournment Present 

m r Speaker odiorn Davis 

Peirce Read Gilman 

Eastman Ware Gilman 

* 1-238 * 1719 2 May Wheras there an order of this house in 
Decem r last Directing m r Speak r Packer & Josh : Peirce 

to put m r Rich d Gerrish s Bond in suit w ch was done accordingly & 

Continued til June Court nex 1 

itt is now order 11 y* y e s d Suit be Suspend d provided m r Gerrish give 
Security to Satisfaction of this house — 
Vot d y l y e L u Gov 1 " be present d w th y e Excise of y e Province y e year 

Ensuing — 
Vot d y* Maj r Jn° Gillmans Loghouse by y e Bridge be a publick 

licenc d house for Entertainment paying as other publick houses in 

y e Province 
Vot d That y e Severall acc tts hereafter Insert d be paid out of y e Treas- 
ury <!v y* orders may be given for y e Same Viz" 

to y e L u Gov r as fl acc u 7: 15:9 

to Rob 1 Coats D° — 1-10-0 

to Sam 11 Jordan D° — 4- 0-0 



1 719] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 33 

to M r Treasu rs Gen 11 ace" 2639-1 1-3 

to m r Cl r Waldron D° — 60- 0-0 

to m r Speak 1 " Packer D° — 11- 0-0 

to m r Sherife Gambling D° — 6- 0-0 

The house adjourn d for 2 hours — 

The house met according to adjournnr* al present as in y e Morn- 
ing — 
Vot d y* ye Money allow d in y e Treasurers acc tts paid for y e Repairs 

of y e Prison Viz" one hundred & forty pounds be paid to y e Present 

Comitte for Carrying on y e Repairing or building s d prison 

* The following Debenters were taken out to this Day being * 1-239 

2 May 1719 

Maj r Gillman — 28 days Maj r Ware — 25 days 

Cap t Jn° Gillman 28 d° Cap t Odiorn — 23 D° 

Coll Davis — 20 D° Cap 1 Reed — 25 D° 
Cap 1 Tebett — 20 D° 

Vot d that 90^ broken bills in y e Treasury be burnt & y l y e Speak r 
& Clark of this house be of a Comitte to se s d money burnt — w ch 
was accordingly done in y e house in view of y e Assembly 
The house sent for up into Council Chamber & Prorogued to y e 21 

July Next : 2 May 17 19 by his Excellency Sam 11 Shute 

1719 July 21 : The house mett according to Prorogation Present 
m r Speak r Packer : Denett Peirce Odiorn & Reed m r Dam : — 
& by his Excellencyes order are farther Prorogu d to 18 aug st next 

being wensday 

1719 : 18: aug : the house mett according to Prorogation : Present 
m r Speak 1 " Packer Joth m Odiorn Esq 1 " Josh. Peirce Cap 1 Gilman — 
Cap 1 R eec i £ph Denett Davis Dam Tebett & by His Hon 1 " y e L" 
Gov 1 " farther Prorogu d to y e 22 of Sept nex t following — 

1719: 22 Sep y e house mett according to prorpg at Present 
m r Speak r Packer Denett Capt Qii man 

Peirce Read 

the house adjourn d til : tomorrow 3 a Clock 
23 the house met according to adjournmt al present as yesterday 
The house adjorn d til tomorrow 10 a Clock 

* 24 Sep 1 The house mett according to adjournment Pres- * 1-240 

ent 



134 PROVINCE OF NEW HAMPSHIRE. [ l 7*9 

m r Speaker Packer Peirce Cap 1 Gilman 

Denett Coll : Davis Dam 

Reed 

The house adjourn* 3 for two hours — 

The house met according to adjournm* al Present as in y e Morn- 
ing & m r Wiggin & m r Eastman 

In Council 

The Committe appoint 01 for Setling y e Town Bounds w th in this 
Province &ct : Made their Returne & gave in a Coppy of y e Journal 
to his Hon r y e L u Gov r w ch Return & Journal both Dat d 24 Oct 1718 : 
was this'day by him laid before this Board where it was accept d & 
Vot d that y e Return be herby Confirm d & y l y e Bounds therein men- 
tiond shal be y e Establish d lines & Boundaries for al y e Towns 
therin mention d & y* it be Sent down for Concurrence 
Dec r : 30 : 171 8 — Rich d Waldron Cl r Con 

Red 3 times in y e house of Represent 5 & voted a Concurrence 
26* Sep:- 1 719 J Peirce Cl r Asssem y — 

His Excellency 5 Speach 

Gen 1 : since our last meeting I have Receiv d Strict orders from His 
Majes ty forbidding any law to be past for y e future y x may affect y e 
Trade or Navigation of y e Ships from England w ch wil prevent y e 
Receiving of y e Powd 1 ' money for y e future from such vessels : this 
order is to be Record 6 in y e Councill books : & also in y e house of 
Representatives : according to y e Instructions I have Receiv d y l so 

they may be Strictly Comply d w th 
* 1 -24 1 * All I have farther to observe to you is y l The Colledge 
at Cambridge is intirely Erect d at y e Charge of y e Masachu- 
sets & y l since it hath been Very instrumental toward 9 y e Incouragm* 
of Religion & Learning : & y l y e youth of this Province Receive 
great advantage in their Education from itt y l it wil tend greatly to 
y e Reputation of this Province to Show y 1 ' grateful acknoledgm 1 
of the benefitt your Children Receive thereby by Making some han- 
some Present for y e augmentation of the Library — 

Gen 1 : Tis your Season of Harvest shal therfore be glad to permit 
you to goe home as Soon as possible — 

The house adjourn d by y e Speak r till tomorrow ten a Clock — 

25 Sep : The house mett according to adjournm" Present 

m r Speak r Packer Davis Dam 

Peirce Wiggin Odiorn 

Denett Cap 1 Gilman Reed — 

Eastman 

The house adjourn d for two hours — 



I 7 I 9J JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 35 

The house met according to adjournm tt al present as in y e morn- 
ing — 

The house adjourn d til tomorrow 8 a Clock 

26 : Sep : The house met according to adjournm t Present 

m r Speak r Packer — Davis Dam 

> Denett Wiggin Odiorn 

Peirce Eastman Reed 

Tebett Cap* Gillman 

* M r Joth m Odiorn Esq r & Cap 1 Hugh Reed Enters their De- * 1-242 
cent against y e Return of the Comitte for Setling y e lines & 
Boundaries between y e Several Towns w th in this Province viz" y e 
lines between Portsm & Newcastle — 

Memoran d — m r Speaker Packe m r Eph Denett & Josh Peirce took 
out their Debenters to y s day for 25 days being al y* was then 
Due — 

26 Sep 4 1 719 Josh Peirce Cl r Assent 

Wheras Coll : Packer y e former Speaker is this day Remov d to y e 
Council Board by his Excelency s order — & a new Speaker Chose in 
his Room which was by a General vote cast upon Josh : Peirce who 
was Present d to his Excellency & accept d — 

The house Return d from Council Chamber & Chose m r Eph Denet 
Cl r for y s house & Swore him to his office — 

The house Sent for up into Council Chamber & Prorogu d y m to the 
first wensday in Decern 1 " next by his Excellency Sam 11 Shute 

26 Sep* 1719 

2 th Decern : 1719 : the house Mett according to Prorogation Present 

m r Speker Coll : Ware mr : Dam 

Eph : Dennet Maj r Gillman Cap : Odiorn 

Coll : Davis Cap : Gillman Cap Reed 

Cap : Tebet Cap : Wiggins 

Whereas there is an order from y e Bord of Tread for Riming y e 
Devideing line Between this Province and y e Province of Masetusets : 
Voted that mr Spaker Peirce : be : Chosen a comm tte an out of this 
house to joyne weith y e Comtte cho n last may Sesons for that end 

* Proroged to y e seccond thursday in Feb y : next by his Hon r * 1-243 
y e L u Gov r : 2 th : Decern: 1719 — 

feb 11 th : 1719/20 the house meet at time & place Present 

m r Speaker Cap : Odiorn Eph : Dennet 

Coll : Davis Cap : Reed mr : Eastman 

Majr : Gillman mr : Dam 

and Proroged to y e Last wensday in March 



136 PROVINCE OF NEW HAMPSHIRE. [ I 7 1 9 

30 march : 1720: the house met according to Prorogation Present 

m r Speaker majr : Gillman mr : Dam 

Eph : Dennet Cap : Gillman Cap Tebett 

Cap Reed 

and farther Proroged by his Hon r the Litt : Gov r to y e : 20 : day of 
April next 

Memorandom : mr John Dam took out his Debenter for his serves in 
Gen 11 Assembly from y e 25 : of march 1719 : to y e : 30: march 
1720 being all that wass then Due which wass 24 : days — 

April 20 th 1720 — the house met according to Prorogation Present 

mr : Speaker Eph : Dennet 

Cap : Jno : Gillman & Maj r Gillman 

and Proroged to : y e : 26 : day of April 

Memoran d Cap: Hue Reed took out his Debenter for his serves in 
Gen 11 Assembly from y e 2 Day of may 1 719 to ye : 30: day of 
march : 1720 — 17 : days being all y l was then Due 
* 1-244 * 1720 April 26 ap : The house mett according to Ad 
journ* or Prorogation Present 

y e Speaker Cap 1 Ocliorn M r Dam 

Coll : Davis Eph Dennett Cap 1 Gillman 

Coll : Ware Cap* Wiggin Cap 1 Tebett 

Maj : Gillman M r Eastman 

Vot d y 1 y e Speaker Coll : Davis & Cap 1 Odiorn be a Comitte from 
this house to joyne Such as shal be Chosen by y e upper house for 
this year to auditt y e Publick acc tls of y e Province & that they make 
their returne to this house att this sessions 
The house adjourn d till Seven a Clock tomorrow Morning — 

27 The house mett according to adjourn m" al Present as yesterday 
& Cap 1 Sherbun 

Vot d y l Cap 1 Henry Sherbun be Clerk of y e house of Representa- 
tives — 
Adjoyrned for two Hours — 

House Mett according to adjournment All present as In y e Morn- 
ing — 

Vott d That M r Denet & Hen Sherburne be a Comyty from this 
house to Renew Cor 11 Vaghns Cor 11 Walttons & Cap 1 Wibirds Esq r 
Bonds being part of So much money Lent them In 1 716 to Joyne 
Shuch as Shall be Chosen out of y e uper house & In case of any 



1720] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I 37 

Refusal that y e Comite Shal have ful power to prosecute them Att 
y e Comon Law 

* His Excellencey Speach * 1-245 

Gen 11 Their being no Ships arived from greatt Britain This Spring 
that has brought any Letters I have Nothing to a quaint you With 
from thence So That I hope you will quickley finish y e Accounts Of 
y e Province & make this Assir s Very Short But if after I Returne to 
boston I Shall Receve any Letters that brings any affares of Moment 
Relateing to this province I Will not faile to meet you again before y e 
fale Sessions — 

And The house Adjourned till Eight a Clock To Morow Morn- 
ing — 

y e 28 And The house Mett according to Adjournment Being all 
present as yesterday — 
And this House is Adjourned for two hours 

And this House Mett According to Adjournment All present as 
In y e Morning — 
Vot d That y e Excise be Continued for y e year Ensuing & that a 

Comity be Chosen to take Care of y e Same 
Vot d That Cap" odiorne Esq r & Maj : Jo : Oilman Be A Comitte 

from this house to Joyne Shuch as May be Chosen out of y e upper 

— house To farme y e Excise for this present year — 

Hen Sherburne Clarke 

And the house is Adjourned till Eight A Clock to Morow morning 

y e 29 And y e house Mett according to Adjournment All being 

present 
Vott d That forty Six pounds two Shillings 9/ Broken Bills of Creditt 

be burnt In y e treasurey Which Was accordly Don In vew of 

y e Ass 11 

* Aprill y e 29 1720 In Answer to his Excellcey Speach * 1-246 

Vott d & Sent up 

Maye itt pleas Your Excellencey 

We Returne Your Excellencey thank for Your great Care of us In 
Coming In to Your Goverment hear We Should have bin Glad 
Your Exce 1 had good News from great Britain to have a quainted us 
We Shall Make all posibel Dispatch In y e Acc tt of Province Haveing 
Chosen a Comitty for to Adjust y e Same If your Exc 11 Should have 



I38 PROVINCE OF NEW HAMPSHIRE. [l720 

any good News out of great Britain of moment that your Exc 11 Will 
be pleased to Comunicate it to us — Hen Sherburne Cl k Ass 1 

And y e House is Adjourned for two hours — 

And y e House Mett According to Adjournment As In y e Morn- 
ing — 

Whear as M r Hugh Reed is one of y e Representitives for y e toune 
of New Castel is gon with his family to Canser or Newfound without 
Leave from this house & not Knowing When he Will Returne y e 
Selecktmen of S d town having adrest the Ass 11 as it is their privilidg 
to have two Members In this house & that orders may go out to fill 
up that vacancey ordered that y e Selecktmen of y e town of Newcastle 
Be notified for to Chuse one Representative against y e Next Setting 
of this house of Ass 11 

Vott d That J° Hinks Esq rs Ace" on file is Suspended till Next Ses- 
sions & if not paid by y e treasurer that their be an order for y e 
payment of itt — the Vote of y e Counsel Conncured With Relate- 
ing to Sa 11 Hinks Pettion Relateing to y e Lott of Land Bought of 
Edward Bolleys Widow 
* 1-247 * 1720 y e 29 The Votte of y e Counsel Relateing to a Com- 
mity being Chose for to Examing What Will be proper 
for y e He of Sholes to be charged in y e province tax 

In Counsel 

That Rich d Wibird & Tho s Packer Esq rs be of a Comitty from this 
board to Joyne w th Shuch as Shall be Chosen by y e House of Repre- 
sentitives to Examing what will be proper for the He of Sholes to be 
Charged in y e province tax & Report Itt to y e Geniral Asse 11 att their 
Next Sessions — 

Red three times and Concurd With all 
Vott d That Coll Pearse Speaker of this house & Lef" Deneck Is 

Chosen to Joyne y e Comitty as above Relating to tax ye He of 

Sholes 

In Counsel Vott d 

That Sam 11 Penhallow& Marke Hunkings Esq rs be of a Comity from 
this board to Joyne With Such as Shall be Chosen by y e house of 
Representitives to Examing What Will Be proper for y e town of 
Kingstown to be Charged In y e pro 5 tax in proportion of y e other 
towns and Reporte it to y e Gen 11 Assem 11 at y e Next Sessions 

Red three times and Concured With all — 
Vott d Thatt Maj J° Gillman & Hen Sherburne be a Comity to Joyn 

y e Gen 1 of y c upper house for y e End as Above Said 



1720] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 39 

Vott d That his Excellency be presented With one Hundred pounds 

And to be paid out of y e treasury — 
And the House is Adjourned till to Morow Mn° Seven a Clock 

Ap r y e 30 And y e houes Mett According to adjournment All 
present as yesterday - — 

Vott d That Nicolas Mead be Confined In Close Prison & then 
Well Secured Until He get Som persons to be bound With good 
Securyty to pay forty pounds a year until y e Whol Debt be paid to 
y e S d province — 

* April y e : 30 : 1720 Whear as there is a Commity Chosen * 1-248 
of both Houses to Proportion Kingstown & Gosport Allies 
He of Sholes What thay Shall pay to y e province tax and that y e 
Same Comity Shall Se What alterrations are made in any towne or 
parrish by y e Reasons of y e New lines now Settled that Whear 
any persons are taken of from any town & aded to any other town 
that so much as they paid in S d prov s Rate Shall be taken of from 
that towns proportion & aded to town Whear they now belong & 
that y e Assem 11 Shall proti that Money that is to be Raised In 
Kingstown & Gosport Allies He of Sholes on y e Several towns In 
s d province 

Vott d That Agency \>q Improwerd to Sollicitt y e Province Interest 
Att horn Relateing to y e Lines between this & Masathusets Ex h 
& that a Comitty be Chosen of both houses to Draw up Instruck- 
tions for s d Agentt And that one hundred pounds Be given out of 
y e treasury for his Encouragement — 

^100 

In Counsell 

Vott d That Henry Newman Esq r be y e Agent for this province & 
that Sa 11 Penhallow Mark Hunking & George Jeffrey Esq r be of a 
Comety from this Board to Joyn With Such as may be Chosen 
by y e House of Representitives to Draw up Instructions for y e 
Henry Newman Esq r Accordingly 

Ric d Waldron CI of y e Coun 
Red & Concured With all 

Vott d Thatt M r Speaker & Maj : J° Gillman & Hen Sherburne be 
of y e Comity from this House to Joyne y e Comety of y e Upper 
house 

Vott d That y e L" Gov r be presentted With y e Excise y e year Ensu- 
ing— 
And y e House Sent for up And prorouged till y e 24 daye of May 

Next Ensuing Hen Sherburne Cl k 



140 PROVINCE OF NEW HAMPSHIRE. [ I J2Q 

* 1-249 * Maye y e : 24 : 1720 And y e House Mett According to y e 

Prorogatation & Adjour" Present 

M r Speaker Hen Sherburne Cap" odihorn Esq r 

Lef" Denick Daniel Greenough Sq r Eastman 

M r J° Dam Cor 11 Wier Cap" Wigens 

Cap" Tibetts Maj : J° Gilman Cap" J° : Gilman 

Vott d That y e Grand Comitty for y e Manigment for y e fifteen thou- 
sand pounds be Desired to Lay y e Accounts Before y e Generall 
Ass 11 of y e Disposing of itt and of the yearly payments paid In — 

In y e House of Representitives — 

Upon Reading y e Pettion of J° & Jo s Meade ordered that Nicholas 
Meade y e father of J° & Jo s Meade y e Pettioner be Discharged out 
of y e prison on Condition that the Said J° & Jo s Meade give good Se- 
curyty to y e Sattisfacktion of y e Generall Ass 11 to pay yearly and every 
Year y e Sum of thirteen pounds Six Shillings & 8d Currant Money 
for y e Use of y e Province for fiften years Ensuing or till they have 
paicl or Discharged y e Sum of two hundred Pounds to gether With 
all Prison Charges that has bin on Said Nicholas Mead y e father of 
y e Pettioners — 

Vott d That Maj : J° Gillman & Cap" Andrew Wigens be a Comitty 
from this house to Joyne With two of y e Counsel to form an Ackt 
for Strengthing of a Vote Past In y e General Ass 11 Octo b y e 3 : 
1 71 7 Relateing to y e two parrishes In Portchmouth 
George Jeffery & Rich d Wibird Esq r was Joyned from y e uper 
house to form y e Ackt Acordingly Which Was Don & Concured With 
all 

And y c House is Adjourned till to Morow Morning Eight A Clock — 

Maye y e 25 And y e House Mett According to Adjournment All 
present as yesterdaye — 

* 1-250 * May y e 25 th And the house mett according to adjourn- 

ment all present as Yesterdaye — 

May y e 25 A Return of the Comitty of both houses which was 
Choase to tax Gosport Allies ; Isle of Shoales in the province tax 
which is Twenty pounds in every Thousand pounds Raised in the 
province and so in proportion in greater or lesser sum raised in the 
Said province — 
Read in the house of Representatives And voatt d a Concurrance — 

May y e 25 A Return e of the Comitty of both houses which was 
Choase to tax Kingstoune in the province tax they having made y e 
best Enquirye they could of the State of the Towne and are of 



1720] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 141 

opinnion thatt they paye a thirty th parte of the Province tax which 
is ^33 : 06 : 08 : in a thousand pounds & so in proportion of 
greater or lesser Sum for two years next Insuing — 
And the house is Adjourned for two houres 

And the house Mett according to Ajourment all present as a 

morning — 

Voatt d Thatt Kingstoune be now brought into the province tax for 
fivety pound 5 ; in a thousand pounds province tax or in proportion 
be itt more or Less ; and thatt the^Treasurer issues out his Warrant 
for raising S d proportion on Kingstoune to be paid into the treas- 
urey all the season of the year as the Law Directs for the other 
towns of this province and thatt the treasurer account with the 
Generall Ass 11 for y e Same & that What Ever former Vote has bin 
past Relateing to Kingstoun paing of any tax to y e province to be 
Void & Null 

Sq r Eastman Desents against y e vote — 
And this house is Adjourned till to morrow morning Eight a Clock 

Maye y e 26 And y e House Mett According to Adjourn 1 All Pres- 
ent As Yester daye 

Voatt d Thatt a Committy be Chosen of y e Upperhouse to joyne 

with the Committy of this house to burne whatt Banck money now 

laye in the hands of the Gener 11 Comitty 5 hands and that Maijor 

John Gillman and Mr Dennick and M r Greenough is a Committy 

from this House — 

* Thatt Reading of a pettition from the Town of Kings- * 1-2 51 

toune relating to a high way between Kingstoune and 

Hamptoune — 

Voatt d Thatt the Case between Each towne be brought on again to 
the Next Qu tr Sestions for a Second hearing between towne and 
towne and thatt each towne be Notifyed accordingly — 

Voatt d Thatt M r Nicholas Mead be Sett outt of prisson having given 
in Security by his Sons to Sattisfaction — 

Voatt d to be burnt of the Bank money and Burnt Accordingly Viz* 

Shills Bill 5 q 4 £ S D 

220,, 10,, 00 
259,, 00„ 00 



30 : 147 

70 74 

80 75 

15 146 

4/6 : 95 

penney 15 49 



300,, oo„ 00 

109,, 10,, 00 

21,, 07,, 06 

3» 0I » °3 



I4 2 PROVINCE OF NEW HAMPSHIRE. [172O 

Shille Bill 5 q* £ S D 

12 : 37 : i„ 17,, 00 

18: 42: 3,, 03,, 00 



^918,, o8„ 09 
And this house is adjourned for two houres — 

And the house Mett according to Adjourment ; and all present as 
in y e morning — 

And the house is adjourned till to morrow morning Seven a 
Clock — 

May y e 27 And the house mett according to Adjourment all pres- 
ent as Yesterdaye — 
Voatt d In Counsell 

That his Honourab le the Leftenant : Governour be desired to go as 
far as Winter harbour to meatt the Deligates of y e Indians thatt shall 
be appointed to Negotiatiate the Affaires aboutt y e Indians for y e 
Supposed murder of an Indian man Hannock one of there tribe and 
thatt one or two Members of y e board & as Many of y e house be 
desired to Accompany the Said Leften 1 Governour on the S d affair 
and thatt the Charges of the Negotiation be defraied outt of the 
Treasury — 

Read & Concurred with all ; and the house is Adjoured for two 
hours — 

* 1-253 * 1720 May y e 27 And the house mett according to Adjorn- 
ment and all present as in the Morning butt Cap 1 Tebbetts 
And the House is Adjourned till to morrow morning Eight a 
Clock — 

May y e 28 And the Hous Mett According to Adjourment Present 

M r Speaker Pears M r Denick Cap" Grenofe 

Maj : J° Gilman Cap n odiorne Hen Sherburne 

Cap" Gillman M r Dame 

Voatt d Thatt the Town of Gosper pay their proportion of there 
province tax into the province Treasurer and itt is ordered thatt 
the Treasurer pay twelve pounds of thatt proportion to the town 
of Newcastle Anually untill there be a new proportion throughout 
the province 
May y e 28 1720 Read in Counsill and Concurr d withall 
Voatt d Thatt all accounts brought in relating to this province shall 
be sworne to be a just account for the future — 



1720] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 143 

Read in Counsill & Concurr d withall — 

We the Subscribers being a Comitty appoint^ by the Generall 
Ass 11 to orditt the publick acco t of the province New hampshire have 
Strictly examined the Same and do find thatt there is justly due 
from the treasurye the severall sums heareafter Mentioned as they 
are sett agai st persons Names Viz t 

N° 1 — Co 11 Packers Acco 1 for 171 8 & 1719 — 
2 — Will" 1 Fellows Acco 11 for 1719 — . 
3 — To s Smalle D° for 1719 — 
4 — Left* Gou vr Wentworthi D° — 
5 — James Jefferry 5 D° — 

6 : John Mardens D° — 

7 — James Jefferry : for 3 Drafts — 

8 — prisons account — 

9 — Cleark of y e Counsill 
10 — Cleark of y e Counsill remain^ due 171 



* Ballance due from y e Treasurer as by his] generall Acco 1 * 1-253 
datt d May y e 24 th 1720 £ 197,, i6„foi 

Read in Counsill & Concurr d withall 

The Treasurers account Currant of the State of the province for 
1719 is Viz 1 

The whole debt of y e province is ^1140,, 00,, 01 

The Creditt of y e province is £ 1 337,, 17,, 00 



£07,, 


04,, 


05 


02„ 


i5» 


03 


OI„ 


02,, 


04 


I4n 


I5n 


00 


173, 


I9„ 


00 


07„ 


I2„ 


00 


04„ 


IO„ 


00 


433^ 


09„ 


05 


60,, 


OO,, 


00 


IO„ 


00,, 


00 


£ 55% 


07,, 


05 



Ball nce due from y e treasur r to y e province is 197,, 16,, 01 

Voatt d That the Report of the Committy of orditt laid before the 
house this Sessions be accepted and thatt the Governourbe desired 
to Issue out his warrants to the Treasurer for y e payments of y e 
Severall Sums therein Mentioned in Cource and that Jn° Hincks 
Acco 1 be allow d him as y e Comitty of orditt report them if nott 
proved by y e treasurer to be alledge paid & except five pound 5 nine 
shillings for y e running of y e new parrish of Portsmouth for which 
we desire there may be orders given to y e Select men of ports- 
mouth for the payments of y e Same — 
The following Debent rs was taken out this daye from y e 2 d of Maye 

1719 till y e 28 th of May 1720 — Viz 1 

Majo r John Gillman — 27 Days Cap 1 Jothan Odiorne 27 Days 

Cap 1 John Gillman — 34 D° Sam 11 Eastman Esq lire 13 D° 

Cap 1 Sam 11 Tibbetts — 25 D° Cap 1 Andrew Wiggens 33 D° 
Cor 11 Peter Wier— 16 D° 



144 PROVINCE OF NEW HAMPSHIRE. [172O 

And this house is proroged & Adjourned till y e 23 d of August 
next followinge — Tusedaye — 

* 1-255 * Portsmo th N : Hampsh re July y e 22 d 

M r Henry Newman 

S r : The Affaires of this Goverment frequently Requiring the Soli- 
catations of some Persons att Court Our Generall Assembly in May 
Last made Choice of you to be there Agent for thatt end and as an 
Earnest of there respects & for your Encouragement did then vote 
you one hundred pounds this Money which presume his Excellency 
Governour Shute has heretofore advised you of as alsoe the Lu 1 Gov- 
ern our — 

S r here has been a Long Dispute between this & the Massachu- 
sets Goverment about the Dividing Line and severall Commistioners 
have Sundry times been appointed by both to settle itt : butt hitherto 
Could never be Affected by them which proves Injourous to many 
persons thatt Inhabitt on or Near y e Line who have been obliged to 
pay taxes to boath Goverments wherefore thatt itt may be a finally 
end and these greviences Redressed Since the Goverment 5 here Cante 
doe itt themselves thatt matter is now to be Submitted to his Ma- 
jestey in Councill or Lords Commissitoners of trade and Plantations 
and in order thereto you have herewith a Commisstion from this Gov- 
erment To Impower you our Agent and accordingly you are desired 
to Lay y e affair before them as may be proper so soon as Conveniently 
may be and thatt there may be a Right Apprehention of y e Matter; you 
have herewith a Mapp or Draught which you may Depend is very 
Exact & Correct 

* 1-256 * The extent of this Prov e is all the Land between y e 

Massachusetts And y e prov e of Main our South bounds is 
three Mile s North from y e mouth of Merrimack River att the Atlan- 
tick Ocian or Western Sea and from thence a West Line into the 
Main so far as the Massachusetts Extends Our North Line or Bound 
is piscataqua River untill itt Come to y e head of Nichewanack river 
and from thence a very few Degrees Westw d of y e North up into y e 
Main Land as on y e Southern line which bounds are prick* out on y e 
Mapp and we Conceive agreable to y e Royall Charter granted to Mas- 
sachusetts but y e Commissioners of thatt Goverment have always 
Insisted on other Lines as are also Marked out on y e Draught which 
if granted to them would Render this prov ce a very Little one in- 
deed — 

Whereas his Majesty has Lately Prohibited any Imposition of 
Impost or powder Money on the Marchants Ships Trading here be- 
longing to greatt Brittain which formerly Supplyed the Usuall Ex- 



1720] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 145 

pence of our Castle and the Stock being now very Low you are 
Desired to Lay thatt Matter before y e proper board in order to obtain 
y e Royall bounty therein and you are to be Vigelent in Dilegently 
Enquiring into all Comp lnt thatt May be made ag st this Present Gov- 
erment and in pursuing every thing thatt may be promoted ; for y e 
Generall Bennifitt of this plantation Espetially thatt the Lumber from 
hence may be imported into Greatt Brittain free of Duty 

* And the Bounty Continued on Navall Stores thatt the forg- * 1-257 
ing of Iron here May nott be obstructed butt Encourg d and 

thatt some better Encouragm* may be granted : for raising hemp and 
Flax which if pursued this Country ^might in a Little time furnish the 
Crown with a Considerable Supply ; Thatt y e Surveyor Gener 11 of y e 
Woods may be directed to preserve y e Mast trees after a better man- 
ner and nott Suffered to obstruct : his Majesties Subjects from get- 
ting Such Timber from thence as is not nor never will be fitt for the 
Service of y e Crown of which there are multitudes of trees thatt are 
rotting on y e Ground thatt might make good Lumber fitt for y e Lon- 
don Westindia Marcketts by y e Latch of which a Considerable Rev- 
ennue arriseth to y e Crown We Desire you will accquaint us from 
time to time of your proceedings in y e Premisses and Salute you with 
greatt Respects as a Comitte of this Goverment and are S r 

Your very Humble Servants — 

* 23 : of Aug st 1720 Tuesday y e 23 of August 1720 this * 1-259 
house Mett According to Adjour nt & Prorogation Presentt 

M r Speaker Pears M r Dam Judge : Odiorne 

Cap" Wigens Cap u Greno Maj Gilman 

Cap" Gilman Cor 11 Davis Hen Sherburne Cl k 

M r Denick Maj. Wier 

And this house is Adjourned till to Morow morning Eight a Clock 

y e 24 And this house Mett According to Adjourm" All present as 
yesterday & Cap" Tibetts 
And this house is Adjourned for two Hours — 

And this house Mett According to Adjournment All present as 
In y e Morning 

And this house is Adjourned till To Morow morning Eight a 
Clock — 

y e 25 And this house Mett According to Adjournment All Present 

as yesterday Butt 
Vott d That five Hundred pounds of y e fiftene Hundred Pounds to 

be Raised this present year by an Ackt Made In y e year 1716 be 



I46 PROVINXE OF NEW HAMPSHIRE. [172O 

Removed till y e Next year Ensuing 1721 And that y e thousand 
pound Raised Do Ly In y e treasury till orders from this House. 
Sent up and not Ccured With all — 
And this House Is Adjourned till to Moromorning Nine A Clock — 

* 1-260 * 1720 Aug st y e 26 : And This House Mett According to Ad- 

journment Present 

M r Speaker Pears M r Dam Judg odiorn 

Cap" Gilman M r Denick Maj : Gilman 

Cap" Greno Cor 11 Davis Hen Shurburne Cl k Ass 

Cor 11 Wier 

y e Pettion of Will Stills Will Blackston Howard Henderson & 
Comp" Reding of y e Pettion We have Vott d that they May Have A 
Hearing before y e Governer & Counsell provided they pay all former 
Charges & that a Comitty May be Chosen out of Both Houses to 
form an Ackt accordingly — 

And this house is Adjourned for two hours 

And this house Mett According to Adjournment Present as In y e 
Morning — 

Vott d That y e one hafe of y e fifteen hundred to be Raised this pres- 
ent year by Virtue of an Ackt Made In 1 716 be paid Dec r Next 
and y e other hafe In Aprill Ensuing and that y e treasurer Ishu out 
his Warrants accordingly — 

In Counsel Red & Concured With all — 

Vott d Whear as our House haveing a pettion from M r Brown & 
Company for a town Ship We think Itt to Infrindg on our towns 
Especiall on Chesure Whear We have a pettion on file for this two 
year Have Sent up y e petion & a Memorial to y e Upper House 
Which Lays on file In y e Clarks offis — 

Vott d That Cor 11 Wier & Cap" Greno be a Committy from this 
house to Joyne With y e upper house to form A Bill to Enabel Wi 11 
Stiles & Company of Cochecha point to Bring forward their Ack- 
tion of Appeal before y e Govener & Counsel — 

And this Hous is Adjourned til to Morrow morning Eight a Clock — 

* 1-26 1 * August y e 27 1720 And this House Mett According to 

Adjournment all Present as yesterday — 
Vott d That His Excelency be presented With one Hundred pounds 

to be paid out of y e treasury When Brought In to y e trea s — 
Rec d Into this House Eleven Bonds from Cor 11 Packer Viz" 



1720] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 47 



Cor 11 J° Wentworths for 


^200 — 


Cor 11 Rich d Waldrons for — 


■ 200 — 


M r Sa 11 Penhallows for — 


200 — 


Cor 11 Georg Vaghn for — 


200 — 


M r George Jeffers for — 


200 — 


Cap" Rich d Gerrish for — 


200 — 


M r Theodore Adkisons for - 


— 200 — 


M r Nathanel Rogers for — 


150 — 


Cap" Richard Wibirds for- 


- 50- 


M r Gamblings — for — 


100 — 


Cor 11 Luthrick Waltron for 


30 — 


^1730:00: 



The above Bonds Is Dellivered Into Cap" Joshua Pearses Speaker of 
this House Hands to take care of for y e Use of this province — 
And this House Is Adjourned for two hours 
And this House Mett According to Adjournment 
A Message from his Excellencey By M r Clark Waldron that this 
House do now Attend Him In y e Counsel Chamber M r Speaker 
and This House Went up Accordingly And then M r Clark Waldron 
Declared that it is his Excellenceys Pleasure that this General Court 
be prorogued to tusday y e 27 of Sep br Next att 10 a Clock In y e 
Morning And itt Was accordingly Prorogued 

Hen Sherburne Clk. Ass 11 

* Tusday y e 27 of Sep br this House Mett According to Pro- * 1-262 
rogation Present 

Cap" Denick Cap" Greno Maj. Gillman 

Cap" Gillman Cor 11 Davis Judg odiorn 

M r Dam Cor 11 Wier Hen Sherburne Cle k Ass 11 

27 : 1720 And this Hous is Prorogued by His Ho r Leftenant Gov- 

ener till tusday y e 8 day of Nov r Next 1720 — 

Cor 11 Petter Wier toock out his Debenter this Daye being In all 10 

dayes — 

Cor 11 Davis toock out his Debenter this Daye being In all 31 dayes 

for their Servis In y e Generall Ass 11 

Hen Sherburne Cla k Ass 
Tusday y e 8 day of Nov r 1720 And this House Mett According to 
Prorogation Present 

M r Speaker Pears Cor 11 Davis M r Dame 

Maj. Gilman Cap" Gillman Hen Sherburne Clark Ass 11 

Cor 11 Wier 



I48 PROVINCE OF NEW HAMPSHIRE. [ 1 72 1 

And this House is Prorogued By order of the Lef" Govener & Coun- 

sell till tusdaye y e 6 of Dec r Nextt 1720 — 

And this House Mett According to Prorogation Present 

M r Speaker Pears Cap" Wigens Major Gillman 

Cap" odiorn Sq r Eastman Hen Sherburne 

M r Dam 

* 1-263 * And this House Is Prorogued By order of y e Left" Gove- 

ner And Counsel till y e 24 of Janu r Nextt 1 720/1 
M r Speaker Pears took out his Debentur till y e 6 of Dec br 1720 being 
thirty three dayes Which Is all that is Due to this time for y e town 
of Portch m 

Hen Sherburne tooke out his Debentur till y e 6 of Dec r being In all 
twenty Six Dayes for Portch m to D° 26 Dayes as Clarke to y e Gen- 
erall Ass 11 

Decem br y e 27 1720 M r Ephriam Denick took out His Debenter 
from y e 26 day of ^Sep r 1 7 19 till this Daye being thirty one dayes be- 
ing all that is Due 

1 720/ 1 24 Jan r The house mett according to Prorogation Present 

Speak r Peirce Joth : Odiorn Esq r m r Greenough 

The house Prorogu d By his Hon r L 1 * Gov r Wentworths order to y e 21 
Mar : next f m r Rich d Waldron Cl r Con 11 

21 Mar : 1 720/1 The house mett according to Prorogation Present 

Speak 1 " Pierce m r Greenough 

Joth : Odiorn Esq 1 " m r Dam 

the house Prorogu d By order of L" Gov r Wentworth to aprill 18 th 

next ensuing 

f Sam 11 Penhallow 1 R 
& : Geo : Jaffrye j 4 

18 of April 1 72 1 the house met according to progation Present 

m r Speker Pierce Coll : Wiear John Dam 

majr : Gellman Cap : Odiorn m r Eastman 

Cap : Gillman Cap : Greenough Eph : Dennet 

* 1-264 * l $ a P r l 7 21 In y e house of Representatives 

Vot d y* Cap 1 Eph : Denett be Clark of this house til farther 
order — 

Vot d that Coll : wier major Gillman and Cap Odiorn be a Comette 
from this house to joyn with such as shall be Chosen in y e uper 



I72l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I49 

house to auditt the Publick ace" of this Province and y t they make 

Return there of to this house 

Chosen in y e uper house Coll : Hunkins George Jafrey Rich : 

Wibird Esqrs for y e end above s d 

the house is adjourn d till tomorrow Eight of the Clock 

April the 19 the house Mett according to Adjournment being all 
Presant as yesterday & Cap Wiggan & Con 11 Davis 
*The house being Informed by a Letter or Memorial from * 1-265 
M r Record 1 " PenHallow y l there are Severall files in his 
office Promiscuously Bound up y t ^Belong to other offices and also 
Many Papers of Publick and Personall concern in y e Hands of 
Maddam Story & Some Entrys of Deeds &c : in y e Regester 5 office 
upon which we are of Opinion y l it is Necessasary for y e Gen r As- 
sembly to Appoint a Committee to Examine into those Affairs and 
Dispose of all Papers into their proper Office 

Vot d That m r Speaker Peirce & Jotham Odiorne Esq r be of y e 
Committee from this house to Joyn such as May be Chosen of y e 
Upper house for y e Ends abovesaid 
19 th Ap : 1 72 1 Read three Times & Sent up for Concurance 

Eph : Dennet Clark 
Vot d y l Coll : Daves and Cap : Tepets and Cap : Wiggins Be forth- 
with sent for to give there attandance in this house and they are 
accordingly notified Eph : Dennet Clark 

the house is adjourn d for an houre an half 

the house met according to adjournment all Presant as in the 
Morning — 

Whereas y e Act for y e Incouragement of Sowing and Curing of 
Hemp being Near Expired 
Voted That y e Said Actt be Revived and Continued Three years 
after y e Termination of Said Act — 

* Whereas there is Law : oblidgeing Every Town within this * 1-266 
Province Consisting of one Hundred ffamilyes to be pro- 
vided with a Grammar School : and there being So much Time Given 
in the Law : as Six Months before y e Penalty of the Law Takes 
Effect from year to year Causses a Great Neglect which is Much to 
y e Damage of Every Such Town 

Voted That Each Town and Parish within this Province Consisting 
of one Hundred ffamilies be Constantly Provided with a Good 
Grammar School and the Selectt men of Each Town for y e Time 
being to be oblidged to procure and Provide S d Schools and in 
Case of their Neglect for y e Space of one Month after y e Publica- 



150 PROVINCE OF NEW HAMPSHIRE. [ l 7 2 ^ 

tion hereof They Shall Forfiet and Pay y e Summ of twenty pounds 
to be Applyed to Defray y e Prov Charge 

Eph : Dennet Clark 

19 : April 1721 the house is Adjoured to friday next at nine a Clock 

21 : April the house Mett according to Adjourment Present 

M r Speaker Cap : Tepets Eph : Dennet 

Cap : Odiorn Cap : Weigin major : Gillman 

Cap : Greenough M r Estman Cap : Gillman 

Coll : Daves M r Dam Coll : Wier 

this house is Adjourned for tow hours 
the house Mett all Preseant as in the morning 
Vot d that Major Gillman and Cap : Odiorn be a Comitee from this 
house to joyn weith Sam 11 Penhallow and Tho : westbrook Esq rs of 
y e uper house to Draw up the above s d Act Releting to the Scholl 

* April 21-172 1 Vot d that an Act be Passt to Prevent the * 1-267 
illegal Trade weith Cape Bretton and that a Comitte be 
Chosen to Draw up a Bill accordingly — and that Cap : Wigen and 
M r Dam be a Comittee to joyn weith such as shall be Chosen in 
the uper house for that end — Eph : Dennet Clark — 

In Coun 11 Vot d Concurrance 
and that : Geo : Jaffry & Tho Packer Esq rs be of the Comitte from 
the uper house to joyn weith those chosen in the house of Represen- 
tatives for that end Rich : Waldron Cle : Coun 1 
the house is Adjouned to morrow Eight clock 

22 : April the house mett according to Adjourment all Presant as 
yesterday 

Where as it appears to this house that it is highly necessary that 

there be one or more Gen 11 officers Chosen for Surveying land weithin 

this Province 

Vot d that his Excellency & y e Hon rble Board be Desired to joyn 
with y e Representatives in Chosing a Comitee of both houses to 
forme a Bill for Regulating y* affaire & that the High ways in y e 
severl towns w th in this Province maybe Repaird by labor under y e 
Direction of Surveyors as formerly 

Vot d that an act be made against Cards an Dice and all other Gam- 
ing in any Publickt house weithin this Province or any of the 
Dependencyes thereof Eph : Dennet Clr : Ass 

Read In Councell and Concured weith 

Vot d that major Gillman & Cap : Odiorn be a Comitee from this 



I72l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 151 

house to joyn weith Such Gentlmen as are chosen in y e uper house 
for that end 
*22 April In y e house of Representives * 1-268 

Voted That majr Gillman & Cap : Odiorn be a Comitee to 

joyn weith Sam 11 penhallow and Tho : Westbrook Esqrs : to form a 
Bill for : y e Regulating highways in the severl towns in this Prov- 
ince and that they be Repared by Labor by the Direction of the 
Surveyors as formerly and that there be one or more Chosen as a 
Generall officer for surveying Land weithin this Province the 
house is adjouned to Monday Eight of the Clock being the 24 of 
April 

24 ap r 1 72 1 The house mett according to adjournm" Present 

m r Speak r m r Odiorn Cap Gillman 

Cap : Wiggin m r Dam Coll : wier 

Cap : Tepets m r Dennett Coll Davis 

Cap : Greenough maj r Gillman 

* Vot d That an addition be made Unto y e Act of Criminal * 1-269 
offenders to Prevvent Riuts for the Better preserveing of 

the peace within this Province Rich : Walldron Cler : Con 1 

April 22 d : 1721 In the house of Representatives Red and Concured 
weith 
Vot d that Maj r Gillman & Cap : Odiorn be a Comitee from this 

house to joyne such as may be chosen by the uper house for y e 

end above s d 

The Petition of Joseph Chesley of Oyster River being Red in y e 
house & Consider d 

Order d y t y e Petition 1 be paid twenty Pound s out of y e Treasury 
Provid d he give a discharge to y e Province of any farther Claime or 
Demand on ace" of any matter or thing Contain d in s d Petition 
non Concured with In Concill 

Whereas there is a Law in this Province which Oblidgeth all 
horses and Horss kind to be Kept in ffetters from y e Last of March 
to y e Last of Octo r which Giveth a Liberty of five Months for those 
Horses to Brake over ffences and Tread and Spoil our Meadows 
Much : to y e Dammage of Many People 
Voted : That if any Horss or Horss Kind be found at any Time 

Going at Large with out a Sufficient Pair of ffetters that they shal 

be pounded and that the Owners Shall Pay y e Penalty of the Law 

Provided in y e Former Act — 

Maj r Gillman & Cap : Odiorne be a Committee ffrom this House 



I5 2 PROVIN'CE OF NEW HAMPSHIRE. [172 1 

to Join with Such as Shall be Chosen in the uper House for that 
End 

the house is adjorned for tow houers 
* 1-270 *The house met according to Adjournment all presant as 
in the Morning 

april 24: 1 72 1 The Petition of John Shurburn of new Casele 

being Read and Considred in this house 

Vot d that the Prayer of the petition be granted 

The Petition of Thos Palmer Esqr : of Boston being Read and 

Considered 

Vot d that the Prayer of the Petition be Granted 

the house is adjourned till Morrow morning Eight a Clock 

April 25 the house met according to adjournment all Preseant as 

yesterday and m r Eastman 
memorandom : that one thousand pound be payd In to the Treasury 

this presant year 
Vot d that our solgdiers att the Eastward be Brought home & if 

there be ocasion that they be improv d in the frontiers of our own 

Province Eph Dennet : Clr : Ass 

25 April 1 72 1 In Councel Concured weith 

Rich Waldorn 

Where of there is tow of our Province men viz : Jacah Green and 
Edward West in Nubery Gool for not Paying there rates to Salsbury 
town in the Province of Massachusets and have been there for neer 
this Eight weeks Pray that they may have Spedy Redres 

the house is Adjourned for too hours 

the house met according to adjournment all presant as in the 



* 1-27 1 * 25 April 1 72 1 The titils of Sundry Acts viz : 
an act for y e Better Regulating High Ways 
an act for Punishing Criminal Offenders and for the further Pre- 
venting Riots 

An Act an additional act to Prevent damages by horses — 
An Act against carrying on an Illegal trade weith the frrench at 
Cape Breton 

In y e House of Representatives 

Voted That y e Powder belonging to y e ffort : which is under y e Care 
of M 1 ' Treasurer Penhawlow be Removed into y e Powderhouse in 
y e ffort under y e Care of y e Commander for y e Time being 
Ap : 25 th 1 72 1 Ephraim Dennet Clerk Ass m 



I72l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 53 

In Council nonconcur weith 

Vot d that his Excelency be presented weith one hundred pound out 
of the Publick Treuseruy 

Vot d that mr Speaker Pierce Cap Odiorn and Eph : Dennet be a 
Comitee from this house to joyne weith Coll : Hunkin and Coll 
Waltton of y e uper house to tell over the Intrest money of the 
fifteen Thousand (15000) pounds in order to be Burnt 

*2 5 April Vot d that his Excelency be Deisired to pass an * 1-272 
act that the Representa vi of this Province be Desolved once 

in three years 
25 April 1 72 1 the house is Proroged to the fifteenth day of May 

Next 

15 May 1 72 1 the house met according to Progation Present 

mr : Spaker Cap : Greenough m r Eastman 

Eph : Dennet Majr Gillman Cap : Tebett 

Cap : Odiorn Cap : Gillman m r Dam 

Coll : Davis 

the house is adjourned till to Morrow Eight a clock 
Con 11 Ware Present y n 

16 : May the house met according to adjourment all presant as yes- 
terday : and Cap : Wigin 

Voted that Cap : Greenough be Clark of this house till further order 

17 The Lieuet nt Governours Speech 
Gentlemen 

17 th Governours Shutes Affairs of his other Govern^ oblidged him 
to Leave us before the Business of this prov was finished which 
ocasions my now Seeing you and I Dout Not but you are all Mett 
with Dispositions for Passing through y e Nesscessary business of y e 
Goverment for y e Effecting of which My best Endeavours Shal not 
be wanting and I Shall promote Every thing that may tend to his 
Maj tts Interest and y e Welfaire of this Govern^ — 

I Recomend to your Consideration the State of his Maj sts Fort Wil- 
liam and Mary and your Care must be Not Only to Raise mony for 
y e Repairing that fortification but also for y e Putting it into a Better 
Posture of Defence You all well Know that Every Wise Goverm* 
prepares for war in a Time of peace. I am Very Sensible that the 
Circumstances of our Present Affaires will not Admitt 
of Great things yet we may Do * Some thing Anually So * 1-273 
that in a few Years we may have a Very Def enceable Forti- 
fication I hope what Little was Done Towards it the Last year wil 
11 



154 PROVINCE OF NEW HAMPSHIRE. \\*]2 1 

be to your Satisfaction and you may Depend what mony Shal be 
Raised hereafter for that Service Shal be faithfully Applyed — It 
has Been y e LawDable Charactor of this Goverment. and what has 
been our Practice once a year or Oftner to Address our Prince on 
the Throne I Know his Excellency Intended to have Moved it when 
here but Going away in a Hurry I Suppose it Slipt his Memory So 
that I think it a Propper Season Now to Shew our Dutifull Obedi- 
ence to his Majesty King George whom God Long Continue to y e 
Brittish Nation : you will also have an Oppertunity to Shew your 
Respect to his Exelency Our Governor Thankfully Acknowledging 
his Majesties ffavour in Continuing as Governour to us So Just to his 
Maj sts Interest, and willing to promote the Best Interest of this 
People I am of opinion that the Keeping our Port Open is a Disad- 
vantage to y e Goverm 1 So hope you will take it under your Consider- 
ation Jn° Wentworth. 

In y e House of Representitives 
Ordered y* y e Town of Hampton be forthwith Notified to Send two 
Representitives into y e House to Serve his Maj sty in Generall 
Assembly. Dan 11 Greenough Clerk : Ass — 

The House is Adjourn d till two a Clock — 
Accordingly y e House Mett (Allso : Coll : Weare) 

The House is Adjournd till Tomorrow, Nine a Clock Excepting y e 
Committee Appointed for perticular business 
May 1 8 th y e House Mett according to Adjourm* Viz 

M r Speaker Con 11 Davis M r Dennett 

Maj r Gillman Cap: Greenough Cap: Wiggans 

Cap : Gillman Cap : Odiorne Con 11 Wire 

M r Eastman Cap : Tippetts Cap : Sherborne 

M r Dam 

* 1-274 * May 18 th The ffollowing Setts of y e Bank Mony was 
Burnt This Day in Pressence of y e Generall Assembly viz : 

59 : 4£ Bills 

56 : $£ 10 s Bills 

144: 30 s / Bills 
52 : i5 d Bills 
94 : 1 5 s / Bills 
• 95 : 4 s /6 d Bills 
43: i s /6 d Bills 
27 : i s / Bills 
Sundry Broken Bills 

Amo* of y c Whole — 780 : 

The House is Adjournd till two aClock 



£236: 


0: 





196: 


: 





216: 


0: 





2 : 


: 





70: 


10: 





21 : 


7: 


6 


3: 


4: 


6 


1 : 


7 '• 





■> 1 • 
jo • 


6: 


9 



I/2I] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 55 

The House Mett According to Adjornme t & all Present as in y e 

Morning 

More Burnt y e Same Day Viz : 

2 70 s / Bills £ 7 - - 

4:80 s Bills 16: 0: 

3 : 30/ Bills 4: 10: 
4:15 s / Bills - - 3:0:0 



30 : 10:0 
Amo 1 of y e Whole 810: 10: 9 

* In y e House of Representitives v * 1-275 
Voted That M r Treassurer Penhallow be Impowered to 

Recover and Receive the Interest of y e Publick Mony of y e Prov : 
Lett out att Six ^cen 1 to y e Severall Gent n under Written — Viz : 
Lieutn 1 Governour Wentworth for .£200 — 

Con 11 Waldron D° 200 — 

M r Treassurer Penhallow D° 200 — 

Coll : Geo : Vaughan D° 200 — 

Geo : Jaffry Esq r D° 200 — 

^Cap : Rich d Gearish D° 200 — 

Theo : Atkinson Esq r D° 200 — 

M r Nathan 11 Rogers for 150 — 

Cap : Rich d Wiberd for 50 — 

M r Benj Gambling for 100 — 

Con 11 Shad : Walton for 30 — 

and that y e Said M r Penhallow be accountable for y e Same and he is 
hereby Authorized and Impowerd for y e Ends above Said 
18 th May 1 72 1 Daniel Greenough CI : Ass 

Read in Councell & Concurred 
Voted y* a Com tee of both houses be Chosen to Consider of Making 
More Bills of Creddit whether it may be Expedient and if So on 
what foott and how Much and that they Make Report According- 
ly — The Persons Chosen for y e End afores d are Viz : Cap : 
Sherbourn Maj r Gillman and Cap : Peirce to Join Such as may be 
Chosen of y e upper house 
18 th may 1721 Sent up for Concurance 
The House is Adjournd till nine a Clock to Morrow Morning 

* May 19 th 1 72 1 The House Mett according to Adjornm* * 2-276 

Viz: 

M r Speaker Cap : Gillman Cap : Tippetts 

Cap : Sherbourn Eph : Dennett M r Eastman 

Cap : Wiggan Con 11 Davis Con 11 Ware 

Maj r Gillman Cap : Odiorne Dan 11 Greenough 

M r Damm 



I56 PROVINCE OF NEW HAMPSHIRE. [*72I 

Voted That Coll: Walton be Returnd Thanks for his Agency and 
Good Service Done to this Pro : at y e Eastward and that he be 
Presented with Ten pounds to be paid him out of y e Publick 
Treassury — 

Voted y l a Commtee of one Member out of Each house be 
Appointed to Survey the Stores of Powder Belonging to his Maj ts 
ffort William and Mary and that y e Same be Removed into y e 
Powder house within y e S d ffort under y e Care of y e Cap : for y e 
Time being Cap : Odiorne is apointed for y e Com tee above S d and 
they are to Make Report of y e Quantity of y e Stock to this house 
The House is Adjournd for an hour & Half — 
and y° house Mett according to Adjournm 1 all present as in y e 

Morning 

The Petition of Eliz : Sloper hath Been Considered & Determind 

to be heard this Day — 

The House is Adjournd to to Morrow Eight a Clock 

19 th The House Mett According to Adjournmen" Present 

M r Speeker M r Damm Cap : Wiggan 

Maj r Gillman Dan 11 Greenough Cap : Tippetts 

Coll : Ware M r Dennett Cap : Odiorne 

Coll Davis M r Eastman Cap : Sherbourne 

Cap : Gillman 

* 1-277 * Hampton May 17 th 1721 

M r Greenough S r 

We Rec d y e Order of Assembly and in Obedience to Said order we 
Gave Notice to y e ffreeholders in S d Town to Meet this Day att 
three of y e Clock after noon and Accordingly they Did Meet and y e 
Order of Assembly was Read to them and the Constable Desired 
them to bring in their Votes but the Brought none in — 

S r I am y rs to Serve 
Jabez Smith in Behalf of y e Select men 

y c answer of Hampton Rec d 18 th May 1721 

In y e House of Representitives 

Ordered That y° Treassurer Receive The Powder of y e Severall 
Vessells Trading in this Province according to y e Actt y* Provides 
for y e Same 

19 th May 1 72 1 

In y e House of Representatives 
Voted y l Cap : Andrew Wiggan Join with the Committee Chosen 
yesterday to Consider of y e Expediency of Making More Bills of 



I72l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I 57 

Creditt and Pray that they May Proceed as Soon as May be on y 1 

Affair 

The House is Adjournd for two Hours — 

The House Mett according to Adjournm* all Present as in y e 

Morning — 

Mem M r Jn° Damm Took out his Debentor from y e 30 th March 
1720 untill y e 19 May 1721 

* In y e House of Representitives * 1-278 

Voted y l y e Treasurer for y e Time being is Authorized and 

Impowered to Recover and Receive from John & Joseph Mead 
thirteen pounds and five Shillings Anually for y e Space of flveteen 
Years which is Due from S d Meads as Appears by a Certain lu- 
strum* under there hands and Seals as on file 
19 May 1 72 1 Dan 11 Greenough Clerk Ass 

The house is Adjourned till tomorrow Eight a Clock 

May 20 th and this house Mett according to Adjournment Pressent 

M r Speak 1 " Peirce M r Eastman Cap : Gillman 

Con 11 Wire — Greenough Cap : Odiorne 

Con 11 Davis Cap : Wiggan Epha m Denett 

M r Damm Maj r Gillman Cap Sherbourn 

The house is Adjourned to y e Second Tuseday in July Insuing. 
May 20 th 1 72 1 The following Debentors were Taken out Viz 

Maj r Jn° Gillman 32 Days 
Cap : Jn° Gillman 29 Days 
Cap : Wiggan — 26 Days 

1 72 1 July 11 th and according to Adjournm 1 y e House Mett Present 

M r Speaker Peirce Cap : Gillman Cap : Wiggan 

Major Gillman Cap : Odiorne Dan 11 Greenough 

Cap : Sherbourne M r Damm 

* By y e Lords justices — Parker — Townsend — New Castle * 1-279 
Devonsh r — Craggs — 

Addititionall Instructions to Sam 11 Shute Esq r His Majest 5 Cap : 
Generall and Governour in Chief of his Majes ts Province of New 
Hampsh r in New England in America or to y e Commander in Cheif 
of his Majest 3 Province of New Hampsh r for y e Time being Given at 
White Hall y e Twenty Seventh Day of Septem r 1720 in y e Seventh 
year of his Majs* Reign 

Whereas Actts have Been Passed in Some of his Majestes Planta- 
tions in America for Striking Bills of Creditt and Isuing out y e Same 



I58 PROVINCE OF NEW HAMPSHIRE. [i 72 I 

in lieu of Mony in order to Discharge their Publick Debts and for 
other Purposes from whence Severall Inconveniences have Arose it 
is therefore his Majest es Will and Pleassure that for y e future you Do 
not Give your Assent to or Pass any Actt in His Majest es Province of 
New Hampsh r Under your Government whereby Bills of Credit May 
be Struck or Isued in Lieu of Mony or for Payment of Mony Either 
to you y e Governour or to y e Commander in Cheif or to Any of y e 
Members of his Majesties Councill or of y e Assembly of y e Said Prov- 
ince of New Hampsh 1 ' or to any other Person whatsoever without a 
Clause be Inserted in Such Actt Declaring y l y e Same Shall not take 
Effect untill y e S d Actt shall have Been Approved and Confirmed 
by his Majesty Excepting Actts for Raising and Settling a Publick 
Revenue for Defraying y e Necesesary Charge of y e Government of 
y e S d Province of N : Hampshire According to y e Instructions Al- 
ready Given you : by there Excelencies Command 

Charles Delafay 

* 1-280 * The House is Adjourned for two Hours 

The House Mett According to Adjournm 1 and all Present 
as in y e Morning Likewise Con 11 Davis Con 11 Weare M r Dennett 

The Petition of Israel Ciiford was Read in this House and y e 
Prayer of y e Petition Denied 

A Petition of Doct r Pike Was Read in this House and Con- 
sidered — 
Voted y 1 Doct r Pike be Allowed and Paid four pounds out of y e 

Treasury of Such Speacia as Shal be ordered for Defraying y e 

Growing Charge of y e Province for y e year 1722 

A Petition of Doct r Allin was Preffered to this House and Read 
and Dismist 

The House is Adjournd till tomorrow Morning Eight a Clock 

12 th And y e House Mett According to Adjournm 1 Present 

M r Speaker Peirce M r Eastman Cap : Wiggan 

M r Dennett Major Gilman • Cap : Sherbourne 

M r Damm Cap : Gilman Con 11 Weare 

Greenough Cap Odiorne Con 11 Davis 

* 1-28 1 * In y e House of Representatives 

Voted : That M r Speaker Peirce Cap : Sherbourne Maj r 
Gillman & Cap : Wiggan be a Commitee To Join Such as may be 
Chosen in y e uper House To fform an Actt for y e Printing of a 
Summ of Bills of Credit on a Good foundation To be Sent Home 
for y e Royall Approbation 









I?2l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 59 

Sent up for Concurance & Concurd. 

The House is Adjourned for two Hours 

The House Mett according to Adjournm t & all Pressent as in y e 

Morning 

Voted in house of Represente that there be an Act of Excise 
Impost and Export viz 1 That all Rum imported from all parts Ex- 
cept from y e place of its groth shall pay twenty shillings per hogg d 
And so Pro : Rat for Leser Quanteys that all wine Except from y e 
Place of its groth : viz t : madera wine Twenty shillings per Pipe 
fayall & Georges and Canarey fifteen shill : per Pipe and so Pro : 
Rat for Leser Qunteys that all Inholders pay 6 d ^ gall for Rum 
& wine & 10 ^ bar 11 for sider and Retailirs Pay the Excise of 2 d 
per gallon on Rum and 2 d per gallon on wine and I s per Barrel for 
sider all which to be payd in Province Bills of Credet or Winter 
Marchantable ffish at y e Price as it Shall beare in y e Months of 
June Anually to a Receiver appointed for that Purpose That all 
Lumber Exported from this Port Shall Pay 2/ ^ m Except what 
is Exported to Europe or y e West Indies which Shal be Paid in 
Province Bills of Credit or Mercht bl boards at y e Currant mony 
Price at New Casstle to a Receiver appointed for that Purpose 

Mem The above Vote Noconcurr d 

* July 13 th The House Mett According to Adjournm 1 * 1-282 
Present 

M r Speaker Peirce M r Damm Ephraim Dennett 

Con 11 Davis M r Eastman Cap : Odiorne 

Con 11 Weare Maj r Gilman Cap : Sherbourne 

Cap : Wiggan Cap : Gilman Greenough 

Voted y t Jonathan Wiggans Shal have y e fery at Stretham on y e 
South Side of Exetor River over against Cap : Rich d Hiltons house 
and the Improvem* thereof for y e Space of twenty nine years and 
Half from y e Date hereof he finding and Providing a Sufficient 
Boat and Cannoo for Transportation of Travelers Taking for Each 
horss and Rider Sixpence and no More and for Each Single Person 
two pence and no More Provided y t y e S d Wiggan Allow to all 
Travelers Sufficient way or Passage from y e King's Road Down to 
y e fferry as y e ways now Go : he having y e Liberty of Hanging 
Gates where Needfull in S d ways he always Keeping his Bridge 
and Cosway in Repair at his own Cost and Charge and to have 
Liberty to Sell Beer and Cyder free of Excise and to Give Due 
Attendance on y e Penalty Provided by y e Law in y e Like Casses 



l60 PROVINCE OF NEW HAMPSHIRE. [ X 72I 

and that S d Penalty Shal not be in force against S d Wiggans untill 
y e 25 th Day of March Next after y e Date hereof 
Sent up for Concurance & Concurd withall 
Voted ) rt Coll : Davis Cap : Wiggan Cap Sherbourne And Cap : 
Odiorne be a Committee to Consider of an Excise and am Ipost 
and Export and to Make Report to this House as Soon as May be 

* 1-283 * The House is Adjourn d for an hour and half — 

The House Met According to Adjournm 1 and all Present 
as in y e Morning 

Whereas y e Title of y e Act Past in Gen 1 Sessions of y e Prov : in 
Ap : Last Relating to Riot and Riotous Assemblyes has Ocasioned 
Great Discourse and Many Reflections — 

It is the Desire of the house of Representitives y l S d Act be not 
Printed 

Sent up for Concurance & Concurd 

The house is Adjourn d till Eight a Clock to-morrow Morning 

14 th The House Met According to Adjourn 1 Present 

M r Speaker Peirce Cap : Odiorne Coll : Davis 

Cap : Gilman M r Eastman Greenough 

Cap : Wiggan Ephraim Dennet Maj r Gilman 

Cap : Sherbourne M r Dam 

Voted 1 : That there be an Actt of Excise Impost & Export Viz 1 — 
2 d 'y y l all Rumm Imported from y e Plase of its Growth Shal Pay 
10 s / %^ Hh d and So prorato for Lesser or Greater Quantities — 
3 d y 1 all Rum Imported from any place but y e Place of its Growth 
Shal Pay 20 s / ^ hh d and So prorato for Lesser or Greater Quan- 
tities 

4 : y l Cannary and Madara Wine Shall pay 20 s / fJ Pipe y* is Im- 
ported from any place but y e Place of Growth and So prorato 

5 \ rt Canary and Madara Wine Imported from y e place of Growth 

Shal pay 10/ f) pipe & So prorato — 

* 1-284 * 6 y l ffiall and S l Georges wine Shall Pay 15 s / f pipe That 

is Imported from any Place but y e place of Growth & So 
prorato — 

7 y l all ffiall and S d Georges wine Shal Pay 8/ ^ pipe Importd 
from y e Place of Growth &c 

8 y l all Taverners and Inholders pay 8 d ^ Gall : for Rumm and 
Wine & al Spirits and i s /6 d ^ Bar 11 for Cyder Excise 

9 y l all Retailers Pay 2 d ^ Gall : on Rum and wine which Shal 
be paid in Province Bills of Cr : or Mercht ble Winter fish at y e Price 



I/2l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. l6l 

as it Shal bear in y e Month of June Anualy to a Receiver 
Apointed for that Purpose 

io y 1 all Boards Exported from this Port Shal pay 2 s / ^ m/ Ex- 
cept what is Exported for Europe or y e West Indies which Shal be 
paid in pro : Bills of Cr : or Merch tbl Boards at y e Currant price to 
a Receiver Appointed for that purpose 

ii y t y e Duties and Excise be paid in Speacies or Prov : Bills of 
Cr: 

12 y* all Taverners Inholders and Retailers shal be under Oath 4 
Times in a year to y e Quantity of Liquor they Draw and that all 
masters of Sloops Shal be under oath Likewise to what Liquor 
they Bring into this province 

13 That all Merch tbl ffish Exported from this Province Except 
what Shal be Exported to Foreign Parts Shal Pay 1 2 d °^ Quintal 
to be p d in Pro : Bills of Cr. or Speacia — 

14 y t all Taverners and Retailers be allowed 1/5 part for wastage 
Voted y t all Pedlers and Incomers v* Shal Trade in this Province of 

New-Hampsh r Shal Pay 2\ ^ Sent — for all their Trade as they 

shal Give in upon Oath 
Voted y 1 Coll Davis Maj r Gilman and Cap Odiorne be a Com te to 

Join Such as may be Chose in y e uper house to form a Bill accord- 
ing to y e Preceeding Vote 
*y e Vote on y e other Side Sent up for Concurance & Con- * 1-285 

Curr d M r Penhallow M r Wibird M r Geo : Jafry a Commtee 

from y e uper house 

the House is Adjournd for an Hour & half 

The House mett according to adjournm 1 and all Present as in y e 
Morning 

Whereas there was an Act Past in y e year 1716 for one Thousand 
Pounds Bills of Cr : to be Paid into y e Treasury in y e year 1721 and 
Considering y e Dificulty of Making Payments Through y e Scarcity of 
mony and hoping yt y e Excise &c with what Stock is in y e Treasury 
may be Sufficient to Defray y e Pro : charge for this Present year 
Voted y t y e S d Thousand Pound be Removed to y e year 1728 ; Sent 

up for Concurrance and Lyes under Consideration 

For as Much as there is Several Tippling houses in this Province 
v* Privately Sell Strong Drink without Licence and are So Very 
Private in it is hard to Make Proof of y e Same — 
Voted y* Every Justice of y e peace within this Province be Impow- 

ered to Summon all Such Psons as they shall have Information off 

yt Do at any Time Drink Strong Drink in any of those houses and 



162 PROVINCE OF NEW HAMPSHIRE. \_ l 7 2 * 

Put them to there Oaths whether they Pay for it Either Directly 
or Indirectly — and upon Refusall to take Such Oath to be Sent 
to His Maj sts Goal there to Remain untill they take Such Oath as 
afores d and Every Person So Selling being Convicted pay a fine of 
five pounds to be Collected & Disposed as y e Law prvides in 

* 1-286 y e Like Cases * and y 4 all Licenced houses within this 

Province Shall Constantly be provided with Beer or Cyder 
for y e Refreshment of Travelers under Penalty of paying ten Shil- 
ling for every Defect So Often as they Shall be found two Days 
without it and that there be an Act Drawn up Accordingly — 
Maj r Gillman Con 11 Davis & Cap : Odiorne be a Committee to Join 
Such as May be Chose in y e uper house to form S d act 
Sent up for Concurance & Concurd with 
The House is Adjournd till Seven a Clock to Morrow Morning 

15 th According to Adjournm* y e house mett Present 

M r Speak r Peirce Cap : Odiorne M r Damm 

Coll : Davis Cap : Sherbourne Greenough 

Cap : Gilman Cap : Wiggan Cap : Dennett 

Maj r Gilman M r Eastman 

15 th July 1 72 1 Burnt of y e Bank Mony in y e face of y e Gen r Assem- 
bly— ^234: 5 : 6 

Voted y t y r be a Receiver of y e Boards Mentioned in y e Act at 
Dover and Exeter 

Sent up for Concurance & Concurd with 

* 1-287 * Cap : Odiorne & Greenough Enter their Decent against 

y e Duty of fish as in y e Act 
Voted y* his Honour y e Lieu 1 Gov r Shall be Presented with a hun 
dred pounds to be p d him out of Excise in Specea — 
the house is Adjournd to thirdsday y e 20 th of this Instant July 

1 72 1 July 20 The House Met Acording to adjourm* Present 

M r Speak 1 " Peirce Con 11 Davis Cap : Wiggan 

Maj r Gillman Cap : Sherbourne Greenough 

Cap : Odiorne M r Eastman M r Damm 

Cap : Gilman 

The House is Adjourn d for two Hours 

The House Mett According to Adjournm* all Present as in y° 
Morning 

* 1-288 * 1 72 1 M r Treasu r Penhallow 5 ace" Allow d 

by y e Comitte of Audit brought in & Setel d 
to y s day 15 July 1721 D r to y e Province tax on y e 
Several Towns in y e year 1720 amounting to ,£1600 : o : o 



I/2l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 63 

to y e Interest of y e Money Due ^ Bond from Sund r 
Gent n w ch Bond 3 terminates 27 Oct r annually — 
to The interest of Jn° & Joseph Mead 5 Bond y e first 
payment Due y e Second tuesday of may 13/5/0 ^ 
annum — 13:5:0 

* 1 72 1 15 July Con r Crd * 1-289 
By y e Ballance of y r ace" allow d this day - ^758 : 5 : 1 

* Province 1 19 ap : 1721 att a Meeting of y e Com- *i-290 
N : Hampsh r ) mittee for Auditing Prov : The following 

aco ts Allowed Viz : — v 

i ly Aco tt Satisfaction made for y e Death of y e Indian 
Supposed to be hermach Murdered in y e Prov : and 
y e Lieu* Gover s &c : Going Eastward to Make y e 
Present ^91:14:5 

2 Muster Role Sign d ^ Cap : Moody Souldiers at y e 
Eastward Under his Command — 203 : 7:3 

3 The Treasures aco" Provisions &c for y e Souldiers 245 : 2:5 

4 y e Treasurers Perticulars Aco t of Sundry Disbursm ts 186 : 8 : y 

5 Disburstm ts on y e Prison 56 : 18:0 

6 M r Clark Waldrons Aco* 58 : 0:0 

7 Doct r Rob 1 Pike for Administrations on William 
White a Soldier Referr d To y e Gen r Assembly 

8 Con 11 Weare as f his Aco* 3:0:0 

9 M r Thorn 5 Dean o : 6:6 

10 Rob* Coats for Lighthouse & other work at y e ffort 14:10:7 

1 1 D° for Masons work att y e ffort & — 12:5:0 

12 Geo : Peirce for Iron work at y e Prison 13 : 0:0 

13 Rich d Perry Gunsmith for Mending Arms 1 : 0:0 

14 Rob : Coats for Trouble about y e Lighthouse 
Refferd 



885 : 12 :g 
The foregoing aco* Allowed By us — 

M k Hunking Rich d Wiberd Jotham Odiorne 

Geo : Jaffry Jn° Gillman Peter Weare 

15 July 1 72 1 In y e House of Representitivs 
The above is Excepted and — 

Voted y* y e Several Summs Anexed to y e Several names in y e 

within aco* be allowed to be paid as also 20/ Rob 1 Coats for his 

Trouble abo 1 y e Lighthouse £1 : o - o 

and to Doct r Pike for will m White Phicc'n 4:0:0 

Sent up for Concurance & Concurd — 



I64 PROVINCE OF NEW HAMPSHIRE. [ X 72I 

* 1-291 * The following Debenters were Taken out this 20 th Day 

of July 1 72 1 

Maj r Jn° Gilman from y e 28 th may 1720 to y e 20 th July 1721 being 

in all — 42 Days — 

Cap : Jn° Gilman from D° to y e 20 th July 1721 being in all 39 Days 

Cap : Andrew Wiggan from y e 28 th may 1720 to y e 20 th July 1721 

M r Sam 11 Eastman from y e Last Autumn 24 Days being all that 
was Due 

and the House is Prorouged till Sep : 14 th : 1721 
Mem 18 th Aug: 1721 Cap: Odiorne Took out his Debentor for 

fourty two Days being all y t was Due — 

14 Sep 1 1 72 1 The House Mett according to prorogation Present 

M r Speak 1 " Peirce Cap : Odiorne Greenough 

Cap : Sherbourne Cap : Dennett M r Dam 

and Adjourned ^ M r Clerk Waldrond to 3 d of octob r Next — 
octob r 3 d 1 72 1 The House Mett According to prorogation Pressent 

M r Speake r Peirce Cap : Sam 11 Tippetts Cap : Odiorne 

Cap : Sherburne M r Damm Greenough — 

Cap : Andrew Wiggan Collonal Weare 

The House is Adjourn d for two hours 

* 1-292 * Octo : 3 d and y e House Mett According to Adjournm 1 

All Present as in y e Morning & Maj r Gillman, Cap : Gillman, 
M r Dennett, M r Eastman, Coll : Davis 

And this House is Adjourn 6 till Tomorrow nine of y e Clock 

4 1 ' 1 According to Adjournm 1 y e House Mett Pressent 

M r Speak 1 " Peirce Cap : Sherbourne Greenough 

Maj r Gillman Lieu 1 Dennet Cap : Gillman 

Con 11 Weare M r Damm M r Eastman 

Cap : Wiggan Cap : Odiorne Coll : Davis 

Cap : Tippett 

In y e house of Representitives 
Voted That y e Treassurer be Desired to Lay y e State of y e Province 

before this house Relating to y e Mony in y e Treassury — 
Voted M r Speak r Peirce Coll. Weare and Cap : Wiggan be a Comm- 

tee to form an Answer to His Honours Speech 

and y e House is Adjournd for two Hours 

According to Adjournment The House Mett all Present as in y e 

Morning — 



I72l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 165 

* In Answer to his Honnours Speech * 1-293 
The House of Representitives are Concern d for his Excel- 
lencies Misfortune that they Cant have his Company here this Ses- 
sions according to Expectation — 

We Presum d y* at our Last Sessions we had Taken Nessasary Care 
for y e Support of y e Government for y e Present year as far as we had 
any Vein of y e Growing Charges having then Upward of Eight hun- 
dred pounds & upwards in y e Treasury and a Prospect of as much 
more by the Impost &c. 

It appears to this house a Great Grievance that So many men 
Should be Drawn out of this province to Support y e Eastern ffron- 
teers whereas our own Province is Exposed in our fronteers as much 
as theirs 

and we pray his Excellency may be Desired to Return our men 
home for y* we are humbly of opinion y t we are neither able nor 
oblidged to Support our men there So with Great Respect we are y r 
Hon rs Serv ts 

* This House is Adjourn d till tomorrow Morning Eight of * 1-294 
y e Clock 

5 th y e House met According to Adjournment Present 

M r Speak r Peirce Cap : Odiorne Con 11 Davis 

Maj r Gilman M r Dennett Con 11 Weare 

Cap : Gilman M r Damm Cap : Sherbourne 

Cap : Tippetts M r Eastman Greenough 

Cap : Wiggan 

1 72 1 Constable Longfellow of Hampton being Obstructed in y e 

Collecting his Rates Near y e Line in Controvercy there being 2%£ 

12 s / behind — 
Voted That y e S d Constable Longfellow be allowed y e above S d 2$£ 

12 s / out of y e Treasury and y l y e S d Sum be Levied on y e Town of 

hampton in their Next Province Tax : 

Whereas y r was a Vote Sent up y e 14 th of July Last at our Session 
Relating to y e Removall of y e ^1000 to y e year 1728 which was to 
have been Paid into y e Treassury the present year — 

It is y e Desire of y e House of Representitives that y e S d Vote be 
Revived and Concurrd with 

Read in y e house three Times and Sent up : for Concurance 
This House is adjourn d for two Hours 

* According to Adjournment y e House Mett all Present as ^1-295 
in y e Morning — 



1 66 PROVINCE OF NEW HAMPSHIRE. [*72I 

The Petition of Peter Greely Being Read and Considered — and 
y c Prayer of y c Petition is Granted — 

The House is Adjournd till tomorrow Nine a clock 

6 The house mett According to Adjournm* Present 

M r Speak r Coll : Davis Cap : Wiggan 

Maj r Gilman M r Eastman Cap : Odiorne 

Cap : Gilman M r Dennett M r Daram 

Cap : Sherbourne Cap : Tippetts Greenough 

Coll : Weare 

Octo : 6 th 1 72 1 Con 11 Peter Weare Took out his Debentor for what 

was Due being twenty Seven Days 
6 th Octob r 1 72 1 Cap : Sam 11 Teppetts Took out his Debentor for 

Ninteen Days being what was Due 

The house is Adjourn d for an hour and half — 

The house Met according to adjournrm" all Present as in y e 
Morning — 

The House is Adjourn d till tomorow Eight of y e Clock 

7 th According to Adjourn 1 y e house Mett Present 

M r Speaker Peirce Cap : Wiggan M r Daram 

Maj r Gilman Cap : Odiorne Cap : Sherbourne 

Cap : Gilman M r Eastman M r Denett 

Cap : Tibbets Coll : Weare Greenough 

Coll : Davis 

* 1-296 * May it Please y r Hon r 

In answer to y r Hon rs Speech — 

We y e Representitives are Griev d for his Excellencies Misfortune 
which Prevents his Seeing us this Session 

As to Provision for Support of Govern mt y r Hon r Recomends to us 
— we Presum d y t at our Last Sessions upon y e Settlem* of y e Treas- 
surers acot s there being a Ballance of about ,£700 — in his hands 
That y l Summ with y e Impost and Excise Dayly Coming in to y e 
Treasury would have been Sufficient to Defray y e Acrueing Charges 
of the Province for this year So far as we had a Veiw thereof and 
would have been Sufficient to Answer all Demands if his Excellency 
had not ordered Such a Number of fforces into y e Eastarn Parts 
which to us is a Great Greivancey* our men Should be Drawn out of 
our Prov : to Defend & Cover y* Couutry when our own ffronteers 
are as Much Exposed and we at P>xpence of Scouts at y e Sam e Time 
wherefore we Pray y 4 His Exelency may be Desired to Give Orders 
for y e Calling them home we not being 01idg d to Support them there 



\J21\ JOURNAL OF THE HOUSE OF REPRESENTATIVES. 167 

Neither are we Disposed to Raise any money for that Service or 
allow any 

with Great Respect we are y r Hon rs Obedient Serv ts 

Josh : Peirce Spek r 
Voted y* there be an Actt to Perhibet a Trad and Commerce with 

y e Easward Indians and y* a Com tee of both houses be Chosen for 
y e Ends afores d 
6 octo : 1 72 1 

* Voted That Coll : Davis & Coll : Weare a Commtee to * 1-297 
form an Actt to Prohibitt a Trade & Commerce with y e 

Eastwar d Indians — 

6 th Octo 1 72 1 An ackt pased to prevent tradeing With y e Eastern 

Endians pased y e 7 daye of Octo b 1721 
O 1 y e 7 : 1 72 1 Voted that y e ackt of Impost & Exporte be Passed 

to Repeal y e S d Act on Condition ; So far as Relates to y e Importa- 
tion of Liquors and Exportation on boards 

Whereas y e Act of Exsise Passed in Gener 11 Assembly which was 
to Take Effect y e 19 th Day of July 1721 w ch Interfeers with y e Li- 
cences Taken before which Terminated y e 6 th Day of Septem r fol- 
lowing — 

M r Speaker Peirce and Maj r Gillman are Apointed to Accompany 
his Hon r y e Leiu* Gov r to Ipswich 
Voted That y e S d Act Should not Take place untill y e S d Sixth Day 

of Septem r 1721 

Sent up for Concurrance 

this Day Burnt in the face of y e Gen r all Assembly ,£143 : 4 s : 4 d of 

which Summ y e Commtee is Discharged which Summ is of y e 

1 5000^ Bank mony — 

and The house is Adjournd to y e 7 th Day of Novem r Next 

1 72 1 7 th Novem r The House Mett According to Adjournm 1 Present 

M r Speake r Peirce M r Dennett Cap : Tippets 

Coll : Weare Greenough M r Eastman 

Cap : Wiggan Coll Davis 

and y e House is prorouged to y e 21 st Instant 
1 72 1 21 st Nov: y e House Met according to prorogation Present 

M r Speake r Peirce Cap : Wiggan M r Denett 

Coll : Davis Cap : Odiorne Greenough 

Capt : Tippetts 

* To Maj r Jn° Gillman & Cap : Jn° Gilman — * 1-298 



1 68 PROVINCE OF NEW HAMPSHIRE. [ l 7 21 

Gen 1 you are Each of you in his Maj ets Name Required to Give y r 
Attendance in y e House of Representitives to morrow Morning at 
nine of y° Clock hereof fail not — 

Dan 11 Greenough CI : Ass 
f) order of y e House of Representitives 21 st Nov 1 72 1 
The House is Adjournd till tomorrow nine of y e Clock 
22 d The House Met according to Adjournm* Present 

M r Speak r Peirce Cap : Tipits M r Dennet 

Coll Davis Cap : Wiggan Greenough 

Lieut nt Governer Wentworths Speech 

Gent men The Principle Reason of My farther prorouging y e Gen rl1 
Assembly to this Day was to Give y e other Goverm 1 Time before us 
to See whether they would Repeal an Act Lately Imposed on this 
Goverm 1 So Cruel and So Oppressive — 

I am to Let you Know y* Since our Last Sitting M r Speak 1 " Peirce 
and M r Treasurer Penhalow Accompanied Me to Ipswich where I 
met Govern 1 " Shute according to appointm 1 and we Discoursed Mat- 
ters over Relating to y e above Act &c. and Came to y e Resolve y 1 in 
Case y e Massatchusets wil Drop al thier Impositions formerly and 
Lately Laid on this Goverm 1 that then and in Such Case we would 
Do the Same Viz 1 Drop all Duties Laid by us on them 
* 1-299 * or ^ n Such wise as they Do by us His Exellency has Prom- 
ist his Best Endeavours Shal not be wanting for y e Accom- 
modating Thereof — 

Now in Case y e Massatchusets Does not Redress us then we have 
Nothing more Left us but to State y e Case fairly and Address his 
Majesty by our Agent M r Newman and you may be Assured y* I 
will Do Every thing in My Power for y e Repealing that Actt When 
our Actt and y 1 of y e Massatchusets Comes before Impartial Judges 
ours wil be thought no Hardship but one Goverm 1 may Lay on 
another but theirs will Look Cruell and Oppressive — 

I Would Recommend to your Consideration the 1500 : £ Collected 
Last year and Should have been Burnt according to Actt of Gen 11 
Assembly, for what Reason y* Mony was Missapplyed M r Treasurer 
is to aco lt for ; I hope you will Consider of ways and Means to bring 
it into y e Trcassury again that So it may Answer y e Just End for 
which it was made — 

I Remember y e Last year there was a Motion Made for Calling in 
y° 1 5 Penny Bills of Credit Many of which were found to be Coun- 
terfeited it will be Well worth your while to Consider and Raise 
Mony for y l Use on a Good ffund & Put into y e Treassury for Ex- 
changing S (1 Bills and that you will take Care that his Exelency May 



I72l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 169 

be provided for as Usual y t So y e Hon 1 " of this his Maj ts Goverm 1 may 
be Supported J : Wentworth 

The House is adjourn d till tomorrow nine of y e Clock 
* 23 d The House Mett Acording to Adjournm* Pressent * 1-300 

M r Speak r Peirce Cap : Wiggan Greenough 

Coll : Davis Cap : Odiorne Cap : Tippetts 

M r Dennett 

The House is Adjournd for an hour & half 
accordingly y e house met all Present as in y e Morning — 
And y e house is Adjournd Till monday next 

Prov of N : Hampsh r [ George &c : 

Whereas Sundry Members of y e house were Delinquent according 
to y e Adjounm t from Novem r 7 th To 21 st of S d Nov a warrant was 
Isued out from this house ^ m r Speak r for there Appearance — 

1 72 1 Novem r Munday y e 27 th y e House met acording to Adjournm 1 
Present 

M r Speak r Peirce M r Dennett M r Damm 

Cap : Tippetts Maj r Gilman Greenough 

Col : Weare Cap : Gilman Cap : Odiorne 

Cap : Wiggan 

And y e House is Adjourn d for an Hour & a half 

And y e House Met According to Adjournm* all Present as in y e 
Morning 
* 27 No : 1 72 1 The house sent y e Clark w th one member * 1-301 
to wait upon his Honour To be Inform d Whether His Ex- 
celency hand Sent any orders for y e Bringing home of our men from 
y e Eastern ffronteers — 

His Hon r Answer d y* His Exelency would Dismiss all but 200 : of 
which our Quoto would be 20 — 
Vot d — That his Excelleney be desir d imediately to order all our 

Province men home from their Respective post att y e Eastward 

they being in a Sufering Condition & wee neither willing nor oblig d 

to Support them there 

27 No : 1721 
Voted Maj r Gilman Coll : Wear & Cap : Odiorne a Commtee to 

form an Answer to y e Lieu 1 Gov" Speech — 

The House is Adjourn d till tomorow nine a Clock 
12 



170 PROVINCE OF NEW HAMPSHIRE. \_ l 7 21 

28 th ,.;The House mett according to Adjourm* Present 

M r Speak 1 " Peirce Maj r Gilman Cap : Wiggan 

Coll : Weare Cap : Gillman Cap : Odiorne 

Cap : Tipetts M r Damm Greenough 

M r Denett 

In y e House of Representitives 
Voted : That an Express be forthwith Sent to his Exelency to Pray 
y t he would Send orders to Draw of all our men which are in his 
Maj sts Service at the Eastward they being in a Suffering Condition 
and we Resolvd not to Support them there 

* 1-302 * The House is Adjournd for an hour and half 

and y e House Mett According to Adjourn m* all Pressent 
as in y e Morning — 

an answer to y e Lieut nt Gov rs Speach 

May it please y r Hon r 

We Heartily thank y r Hon r and y e Gent" which Accompanyed y r 
Hon 1 ' To Ipswich to Meet his Exellency and according to y e Resolve 
there we hope y l his Exellency will according to his Promis us his 
Best Endevors to accomedate the Affair Relating to y e Late severe 
Actt of Duties that it may be Accomadated at the next Sessions 
of the Generall Assembely of y e Massatchusets and in the mean 
Time y l our Actt of Duetis be Repeald so far as Relates to y e Duty 
on Lumber 

As to y e 1 500 11 Collected Last year and Should have been burnt 
but is Missapplyed we Expect y* M r Treassurer Return y e Mony y 1 it 
may be burnt according to y e Tennor of y e Act of Gen 11 Assembly 

As to y e 1 5 d Bills of Credit which werer found to be Counterfieted 
or any other of our bills when Brought into y e Treassury we will 
Take Care to Suppress y e Villany and make Good y e Dammage 

as for Providing for his Exellency we are Ready and Willing to Do 
it as Soo as we are able 
28 th Nov: 1 72 1 

* 1-303 * The House is Adjournd till tomorrow nine a Clock 

The House Mett according to Adjournm* Present 

M r Speaker Peirce Maj r Gilman Cap: Tippets 

Coll Weare Cap: Gilman Greenough 

Cap: Wiggan Cap: Odiorne M r Dennit 

29 th M r Damm 

Voted That there be a Clerk Chose which Does not belong : to y e 
House and y 1 he Shal be paid for his Service out of y e Publick 
Treassury — 



I72l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I /I 

Voted That Cap: James Jeffrey be clerk for y e year Insuring and y 1 
DILI he Shall have Ten pounds for his Service and according Sworn to 

his fidelity in S d Once and S d Clerk to give out y e Debenters To y e 

Members of Assembly free of Charge 

The House is adjourned for an houre & halfe 

Post Meridiam met according to Adjournm 1 all the fteons above — 

In the house of Representatives 
Voted That our Late act of Duty 8 be wholly repealled Excepting 

what relates to Excise & Importation of Liq rs & from forreigne 

parts — 

29 th ~9 r -1 72 1- non cancur'd 

In the house of Representatives 
Voted That a Committe of this house be Chosen to Joyn w th a 

Committee of the upper house to form an address to the Mass a 

Governm 1 for the Laying all Duties asside in Each Which wee 

suppose will be for y e bennefit of both Provinces — 

29 th No-1721- non concur'd — 

adjourned till Tomorrow 9 a clock Anti M — 

* 30: No r thursday Anti Meridiam the house met according * 1-304 
to Adjournment — Present 

M r Speaker Peirce Cap 1 Wiggans M r Dennit 

Coll Weare Cap 1 Tibbets M r Dam 

Maj r Gillman Cap 1 Odihorn Cap 1 Gilman 

Cap 1 Greenough 

9 r ~30-i72i In the house of Representatives 

Voted That our Late act of Duties be further Suspended til march 
Next, Provided the Massachusets will Drop all the former & 
Later Duties on this Province : which if they do wee will wholly 
Drop & Repeal ours, Excepting what Relates to Excise & Impor- 
tation of Liquors &c from forreign parts — 

Ja s Jeffry CI Ass m 

Province of V 

New Hampshire J In the house of Representatives 

Voted that a Committee of this house be Chosen to Joyne with 
such as may be Appointed of the upper house to form an Address 
to his Excellency to represent to the Gov r of the Massachusets our 
Desier for y e Laying all Duties Asside in Each. Which wee sup- 
pose will be for y e Bennefit of both Provinces & y 1 John Gillman & 
Andrew Wiggans Esq rs be of y e Committee for y e Ends affore S d 
29 th -9 r -1721- 



172 PROVINCE OF NEW HAMPSHIRE. \_ l 7 21 

N" 30 th 1 72 1 In the house of Representatives 

Voted/ That our vote passed y e 7 th of 8 r Last past relateing to sus- 
pending y e act of Duties of Export & Impost be further continued 
to y e Miclle of March Next on y e same former Conditions, which 
Conditions if not Complyed with by y e Massachusetts y n to be in 
force Ja s Jeffry CI Ass m 

* 1-305* N" 30 th 1 72 1 In Councill 

As an Explanation on y e Excise on drink, Lately past It's to 
be understood y 1 y e Species therein Mentioned be Merchantable pine 
boards End fish End that the same be paid unto the Coll r thereof at 

Portsm Richard Waldron CI Con 

In the house of Representatives Read & Concur'd 
30 : 9/-1721- Ja s Jeffry CI Ass m 

the house adjourn'd for One hour & Halfe 

Post Meridiam the house met againe all the members above 
Named — 

Voted that Edward West be allowed three Shillings ^ Diem for 
forty Eight Dayes : that he was in Custody at Newbury on ac t of 
paying Rates (he haveing taken his Oath in the Assembly y 1 he 
was So Long in Custody) And that it be paid him by the Town 
of Hampton : And that the Select men of s d Town make an As- 
sesm 1 for the same 

the house adjournd til tomorow Nine of the Clock P-M. 
fryday the December y e first 1721 A M the house Met accordingly 
^sent 

M r Speaker Pierce Cap 1 Wiggans Cap 1 Greenough 

Coll Weare Cap* Gilman M r Dennet 

Cap 1 Odihorn Cap 1 Tibbets M r Dam 

Maj r Gillman 

* 1-306 *Prov of ) 

New Hamps r j In the house Representatives 
Voted that there be No More Memorials received by this house 
from M r Treasurer Penhallow relateing to Accompts of this Prov- 
ince But that he bring in the Province accompts truly by Debt & 
Credit: And that the Accompts from the fifteenth of July Last 
past be Bro 1 in forthwith to uss accordingly — 

Fryday 9/ y e 30-1721 : Copy of his Excellencies Letter of 9/ y e 29 th 
Directed to the Hon ble John Wentworth Esq r L 1 Gov r of New Hamp- 
shire 

S r , I rec d your Express & if the Gen 11 Court are of Opinion y 1 it is 



I72l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I 73 

for the Interest of the Province y t y e Souldiers at the Eastw d Should 
be Discharged, I Do hereby give my consent unto it. 

I am your humble Serv 1 

Samuell Shute, Boston — 
Wednesday five of the Clock afternoone 

x r y e I st : 1 72 1 : In the house of Representatives : 

Upon the return of his Excellencies Letter by the Express sent to 
him : in Relation to the Discharge of the Souldiers at the Eastward — 
Voted, that the Souldiers be forthwith Discharged & that the Lift 1 
Govornour is Desiered to Send his Orders for them by Express : 
to Com home by Land : And that a Vessell be Imediatly Sent 
with provissions for theire Subsistance home — 
And then the house adjourn'd for an houre & halfe P. M. 
x r : 1 : 172 : P. M : the house met according to adjournment all be- 
fore Named & Coll Davis : 

The house adjourned till Tomorrow Nine of y e Clock An : M r — 
* Province of 1 * 1-307 

New Hamps r j The House met according to y e adjournment 
all as above 

x r : 2 d : 1 72 1 : M r Speaker Pierce took out his Debenture for fifty 

foure Dayes : from y e 6 th x r 1720 to the 2 d Day of x r 1721 — 

Cap 1 Samuell Tibbets took his Debenture from y e 27 th 7 r to the 2 d 

of x r 1 72 1 for thirty Eight Dayes — 

Coll Peter Weare Took his Debenture from the 6 th of 8 r 1721 to y e 

2 d x r 1 72 1 for 14 Dayes — 

Whereas there is an Immediate want of Money for support of the 

Governm 1 

Voted that Mark Hunking & George Jaffrey Esq rs be a Committee 
to Joyn with two of the Lower house to Draw up an act for Im- 
printing one thousand pounds : & that the Said Committee or Any 
three of them be Appointed to Signe the Same 
0/ : 39 th : 1 72 1 Richard Waldron Cle r Con 

x r : 2 d : 1721/ read in the house of Representatives & Non Concurr'd 

In Councill 

Voted y* y e 1000 pounds y 1 by act Should be paid : into the Treas 17 
this Yeare, be Collected by y e 20 th July next in Bills of Credit of 
this Province & y" Burnt according to S d ac* 
9 r 30 th Rich d Waldron Cle r Con. 

x r y e 2 d : 1721/ In the house of Representatives 

Voted y l y e two above voats ly under Consideration till y e Spring 
Sessions — 



174 PROVIN'CE OF NEW HAMPSHIRE. \l*]22. 

* 1-308 * Province of ) 

New Hamps 1 ' \ In the House of Representives 
Voted : That m r Treasurer Penhallow Do forthwith gather in the In- 
terest money Due to this Province And pay one hundred pounds 
of it to his Excellency Gov r Shute 

x r y e 2 d — 1 72 1 — 

Isaac Green allowed forty Eight Dayes @ 3/ ~$ day haveing taken 
his Oath y* he was detained So long at Newbury — 
x r 2 d : 1 72 1- In the house of Representatives A M d 

A Petition of Cap 1 Benj a Wentworth ag 1 M r Samuell Plaisted to 
revive a Judgm 1 obtained ag 1 S d Plaisted from June Court 1721 

In Councill voted the Petitioner may Bring his Suit at the Infe ir 
Court Next : 

In the house of Representatives Concurred 

The house was adjourned to the Second tuesday in fe r Next 

Eaphraim Dennit had his Debenture from x r : 27 th : 1720 to y e 2 d 
x r 1 72 1 being forty five Dayes — 

Cap 1 Henry Sherburn had his Debenture from x r y e 6 th 1720: to 
x r 2 d 1 72 1 being twenty one Dayes — 

Cap 1 Daniel Greenoughs Debenture for Clerk of the Assembly for 
60 Dayes to the 5 th x r -i72i-D° for Assembly Man from the 24 th 
May 1720 to the 30th of November 1721- 

M r John Dam his Debenture to the 6 th fe r 1 720/1 from y e 20 th May 
1 72 1 thirty Nine Dayes- 

* 1-309 * Province of ) 

New Hamps r \ The house Met according to the Adjour- 
ment 

M r Speaker Pierce Maj r John Gilman Cap 1 Daniell Greenough 
Coll 11 Peter Weare Cap 1 John Gilman Cap 1 Sam 11 Tibbetts 
Coll 11 James Davis M r Justice Eastman M r Eaphraim Denit 
Jotham Odihorn Esq r Cap t Andrew Wiggans M 1 ' John Dam 

Note only those under in the Comon line met and not all the 
Assembly here Entred — 

of these above there then Met only M r Speaker Pierce Maj r John 
Gillman Cap 1 John Gillman Cap 1 Andrew Wiggans Cap 1 Jotham Odi- 
horn : Cap 1 Daniell Greenough M r Eaphraim Dennit M r John Dam : 
The Assembly prorouged to tuesday y e 27 th of March Next 
Province of ) 

New Hampshire j 27 th March 1722 Met according to adjornm 1 viz 1 

M r Speaker Pierce Cap 1 Daniell Greenough 

m r Eaphr a Dennit m r John Damn — 






1722] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I 75 

the Assembly further Prorouged to the 16 Aprill : 1722- 
Province of New Hampshire Aprill y e 16 th 1722 
the house Met according to Adjornmt viz* 

M r Speaker Pierce M r John Damn 

Cap 1 Daniell Greenough 

Then the Assembly was prorouged to the 30 th Ins*. 



DOCUMENTS 



RELATING TO THE 



Boundary Line Controversy 



NEW HAMPSHIRE AND MASSACHUSETTS. 



DOCUMENTS 



RELATING TO THE 



Boundary Line Controversy 



NEW HAMPSHIRE AND MASSACHUSETTS. 



NOTE. 

The documents which follow, relating to the Boundary Line controversy, are 
copies taken as literally as possible from the records in the archives of the State of 
New Hampshire and the State of Massachusetts, and, to some extent, from the 
English archives. The legislative proceedings of the two States, except as they 
appear in files of legislative papers, are not given here, for the reason that the New 
Hampshire Assembly records have already been published in this series, so far as 
the originals are accessible ; and as to the Massachusetts legislative records, it has 
not been deemed advisable to extract matter from them in detail, pertinent only to 
this subject, for the principal reason that we may expect that those Journals will be 
published in a complete form in the near future by authority of that State, and much 
of that matter is already in print in the original official Journals. Furthermore, it 
has not been considered advisable to accompany the publication of the documents 
in the form here presented, with any comments in addition to the controversial 
literature that relates to this long-standing contention. The state commissioners 
now actively engaged in the service of the parties may be expected to present all 
the arguments deducible in behalf of their respective States in the reports which 
they will soon submit. The occasion for this publication is opportune, as there 
can be no doubt that the material here offered will be of service to the commission- 
ers in their work, and aid the interested public in forming their judgment on the 
questions at issue. The calendar of papers in the English archives relating to New 
Hampshire, which has been recently obtained for the New Hampshire Historical 
Society by state aid, through the agency of Mr. B. F. Stevens, of London, consti- 
tutes a succeeding part of this volume. An examination of the calendar will indi- 
cate what other papers relating to the subject of the boundary line, not included in 
this publication, may be found among the English archives, to which Mr. Stevens's 
work is a valuable index. 

The Editor. 



l80 PROVINCE OF NEW HAMPSHIRE. 

[Draft of Resolutions about Uniting N. H. and Mass, .] 
[Mss. "Town Boundaries," p. 201.] 

Y\ hereas This His Majestys Province of New Hamp r has w th all 
Chearfullness hitherto Supported the Goverm 1 here tho withy e Utmost 
difficulty by Reason of their Poverty and Smallness of their Numbers 
there being but 8 Towns w th in y e S d Province & y e one half of y t but 
of Little Consideration poor Inconsiderable number to Support y e 
Dignity of a Govern 1 & y e Province being so Strait in Its limits y 1 y e 
utmost Extend N & S is not 20 miles, & lying w th in the bowels of 
y e Mass a and Whereas Many Disputes have arisen ab 1 y e Divisional 
line Attended w lh Great Cost both at y e Court of Great Britain & 
here & all without any prospect of a Settlement of y e S d line that we 
know of, and further Whereas In Case of another Indian War we 
Shall be never able to defray y e Charge y 1 will unavoidable attend it 
& pay off our former Debts and whereas y e Trade of y e Two Prov- 
inces has been Sometimes Considerably Interrupted by y e Differing 
Sentim ts of y e Two Gen 1 Assem s , And Whereas Our Represen being 
conscious of these things at y e last Session of Gen 1 Assem y Voted 
that Application Should be made To His Majesty to obtain a Union 
of y e 2 provinces & y e Prov : of y e Mass a Should be Consulted & y r 
favour ask'd in the Premises — These are therefore to Manifest our 
Acquiescence in what our Represen 5 have done and to Signify our 
Earnest desire that the Provinces may be united and That Some 
Persons will be pleased to undertake y e Matter for us by using all 
proper means for y e obtaining So desirable an End 



[New HampsJiirc Committee Appointed to Run Line, 1693.] 
[Mass. Arch., Vol. 3. p. 480, and N. H. Mss. Prov. Boundaries, p. 7.] 

New Castle October 1693 

S rs / The Hon ble the Lieu 1 Govern 1 ' and Councill have Ordered and 
apointed to have the Bounds of this Province from Three Miles 
Northward of Merrimack River Runn On the ffourteenth day of No- 
vember next And have apointed M r Joseph Dow and M r Samuell 
Dow Surveyers and Cap" Henry Dow and Cap" Joseph Smith to be 
Com rs for the doeing the same I am alsoe Ordered by the Hon ble the 
Lieu 1 Govern 1 " and Councill to give you notice heereof That in case 



BOUNDARY LINE PAPERS. l8l 

you thinke fitt you may appoint some of your Province to be present 
and joyne with them in doeing of the same 

By order of the Hon ble the Lieu* Govern r and Councill 

Tho Davis Sec'ry 



[Reply of Massachusetts Government to Action of Nezv Hampshire, 

[Mass. Arch., Vol. 3. p. 479, and N. H. Mss. Prov. Boundaries, p. 13.] 

Gent n Upon reading this day at y e Board yo rs of Oct r past, Signed 
Tho : Davis Sec'ry (which came to hand during his Excy being from 
home) Imparting your appointm* to have y e Bounds of yo r Province 
run on y e fourteenth day of Novemb r curr* and nomination of Survey- 
ers and Commission™ for doing of y e same, and that Notice thereof 
be given unto y e Gov r & Council here, that if they thinke fit they 
may appoint some ^sons to be ^sent and joyne therein. — 

I am ordered by his Exc'y and Council to acquaint you, That so far 
as yo r Proposal may have any Relation to the boundaries of this Prov- 
ince ascertained and Setled by their Maj ties Royal Charter, they ap- 
prehend it had been first necessary to have advised them if anything 
seem doubtful unto you therein, That so meet persons might have 
been Commissionated by their Ma ties Governm ts of each Province to 
have discoursed that matter and Agreed of sutable methods & Sea- 
son for goeing of bounds if need were ; But yo r Resolving and pre- 
fixing a time and y 1 so near at hand without previous Consultation 
with the Goverment here, cannot admit of any from hence at pres- 
ent to attend such a motion, Especially considering that y e General 
Assembly are to convene on the morrow 

By order of his Ex c y the Governor and Council 

I : A. Sec'ry 

Boston November 7 th 1693 



1 82 PROVINCE OF NEW HAMPSHIRE. 

[New Hampshire Committee Appointed to Rim Line, 1695.] 

[Mass. Archives, Vol. 3. p. 508.] 

Att a Councile held Att Hampton October 30 th 1695 

Present 

The Lieu" Govern 1 ' 

Rob 1 Elliott ) Nath 11 Wear ) 

Peter Coffin \ Esq rs W m Vaughan VEsq rs 

Henn'y Green ) Rich d Waldron J 

Whereas there was a Petition from Severall of the Inhabitants of 
Hampton Read att this Board relating to the running of the Line 
between the Province of the Massachusetts Bay & Province New 
Hampsh 1 ' Itt is Ordered thatt Joseph Smith, Henry Dow & Jn° 
Stanyan Be apointed a Comittee to Joyne with Such Persons as Shall 
be Chosen by the Massachusetts Goverm 1 for Runing of the line be- 
tween the two Provinces on or before the fourth day of Decemb r 
next at Such a day & time as thay of Boston shall Apoint, and in 
Case the Goverment of Boston shall not Send Persons to Joyne w th 
those apointed here then w th out farther ord r the s d Joseph Smith : 
Hen'ry: Dow Sam 11 Dow. James Philbricke, Moses Swett & Nath k 
Wear Esq rs or the Maj r part are to Run the Line themselves on the 
Fourth day of December next and that Notice be given from this 
Board of the Same to the Lif* Govern 1 " & Councile att Boston 

vera copia Attest W m Redford : D Secr'y 



[JVezv Hampsliire to Massacliusetts, about Running Line, 1695.] 
[Mass. Archives, Vol. 3, p. 507.] 

New Castle Novemb r 18 th 1695 

Hon ble S rs There having been Severall complaints, and are Still 
encreasing in this Province, for want of Running the Dividing Line 
between the two Goverm tts that Sundrey inhabitants Dwelling in 
Hampton neer to the Towne of Salesbury & so for want of the cer- 
tain bounds being knowne they Escape Either doeing any duty or 
Service or payeing of Rates in Hampton or Salsbury besides many 
other Inconveniencies ; the Hon ble the Lieu" Govern 1 ' & Councile of 



BOUNDARY LINE PAPERS. I 83 

this his Majest 5 Province of New HampslV have ordered me to Sig- 
nifie to yo r Hon rs thay have apointed a Comittee here to Joyn w th 
those yo r Hon rs Shall think meett, to Run the Bounds between the 
Massachusetts & this Province by the fourth of Decemb r next fol- 
loweing, as more fully may be knowne by the Minitts Inclosed ; and 
Desire yo r Hon rs would be pleased to write this Goverm* what you 
are Resolved to doe in this Affaire : 

By ord r of the Lieu" Govern 1 " and Councile : 

W m Redford D Secry* 



\_Letter from Lieut. Gov. Usher. ~\ 
[Mass. Archives, Vol. 3, p. 508.] 

May please yo r Hon r Boston 27 th May : 169 [torn] 

not knowing when I may goe to province New Hampshire however 
y tt the matter of so great momentt may not be delayed or frustrated 
— have writt to the Councill According to Enclosed, which If you 
see cause may forward but If yo r Hon r doe judge y tt itt may be for 
his Maj ties Service, safety & Quiett of his maj lies subjects, in these his 
Maj ties Territorys of my personal presence being their 

For his Maj ties Service & the Good of my Country shall now & att 
all times, be redy to promote & Serve the same, which upon Notifica- 
tion from yo r Honno r shall be complyed with by, 

yo r Hon rs Humble servant 

John Usher. 



[Reply of Massachusetts to Action of New Hampshire, 1695.] 
[Mass. Archives, Vol. 3, p. 509.] 

Hon ble S rs Yo rs with y e minute of Council inclosed of y e 30 th of 
Oct past For the ordering and appointing a Comittee of some per- 
sons belonging to yo r province to joyn with such as should be chosen 
by this Governm* for runing of the Line betwixt the two Province's 
came not to hand until yesterday, when the time assigned by your 
Selves, being the ffourth of the next month is drawn very neer : you 
must certainly imagine it to be a matter of little Import that Seven 



I84 PROVINCE OF NEW HAMPSHIRE. 

or Eight days notice should be thought sufficient to appoint sutable 
persons and duely to provide for such perambulation ; It seems neces- 
sary previous thereto that Comm rs Instructed by the respective Gov- 
ernm ts should meet together and concert the place where to begin, 
that so Artists may be set upon the line to carry the same thro. Be- 
sides we cannot but observe to you that we thinke the persons nomi- 
nated by yo r Selves may not be so indiffirent, being all (if we are not 
misinformed) dwellers at Hampton, yo r next Town bordering on the 
line of this Province ; And whither it might not be advisable that the 
small inconveniencies hinted in yo rs (which may be equal to this Prov- 
vince) be suffered for a short time further, and the trouble and charge 
necessarily arising by a perambulation be Spared ; until it be known 
whither there will be Occasion for the same or not ; which probably 
will be by the next Ship that shall arrive from London./ 

By Command of the Hon ble the Lieu 1 Gov r and Council 
Boston. 26 Nov r 1695. I: A: Secry 



[Orders to Committee to run the Line, 1696.] 

[Mss. Prov. Boundaries, p. 12.] 

Whereas there was an ord r in Councill on y e 30 th Octob r 
Seal. 1695 Thatt Nathanaell Waer Esq r Joseph Smith Henery Dow 
Sam 11 Dow James philbroock & Moses Swett all of Hampton 
to be a Comitte for Riming of the Line betwene the province Masa- 
thusets Bay & province New Hampshire refference to S d ord r being 
had & by reason of difficulty as to y e wether the Same hath nott ben 
done. 

These are therefore in his Majtys Name to require the S d Waer : 
Smith Henery Dow & Samu 11 Dow James philbroock Moses Swett 
them or the Major partt of them w th others they Shall judge ne- 
cessary to Assist them to run y e S d Line att or before the 20th of 
May nextt ensueing & thatt when the Line is run to make return of 
theire Soe doeing w th a Map of the same into y e Secretarys office for 
w ch this shall be theire warrantt given und r my hand & Seale att 
Armes Hampton this 8 th Aprill 1696 

John Usher L* Govern 1 " 

& Com and 1 ' in cheife 



BOUNDARY LINE PAPERS. 1 85 

\_N. H. Committee Appointed, 1705.] 
[Mss. Prov. Boundaries, p. 11.] 

The : Asembly haveinge perused the Letter ffrom the Generall 
Asembley of the Mathasuets (now befor them) relatinge To the 
runing : the Line bettwen the Provinces and Considering the Sea- 
son of the yeare the Danger of the Enimy The Charge that it may 
amount to Doe offer that Majore Joseph Smith Cap* Henry Dow : 
M r Jeames Philbruck Be A Commitey to Joyne with those of the 
Mathathusets Apoynted as A Commitey And for the reasons Afore 
said to rune The Line ffrom the Sea to the Extent of Hamton and 
Kingstowen : boundes : and Mack A report of the same to his Ex- 
elencey Counsaiell and representives of this Province how thay ffinde 
the Same In order to A further Conformation Thear of : 

past by the Howse 

Decern 1 " y e 18 th 1705 p r Sam 11 Keais : Clark 



\_MassacJiusetts Committee Ordered to Meet, 1708.] 
[Mass. Archives, Vol. 3, p. 535.] 

15° June 1708./. In Council. — 

Whereas at the Session of this Court in Octob 1705 Col Thomas 
Noyes with other Gent n were appointed a Committee on the part of 
this Governm* to Joine with a Committee of the Province of New 
Hampshire to run the Line between the two Provinces ; And the Pres- 
sure of the War with other difficulties Co-incident rendring it hazard- 
ous at this Juncture to be put in practice. — 

For the present Ease of Her Ma tys Subjects, whose Situation makes 
it disputable to which of the Provinces they belong. — 

Ordered That Col Noyes Notify the Gentlemen of this Governm 1 
joyned with him for that Affair, to meet the Committee of the other 
rovernm 1 at such time and place as the said Col Noyes shall appoint, 
and upon Consideration as near as they can Judge, of the Distance 
of the Familys in dispute from the brinke of the River, to Propose to 
which of the Provinces they thinke it reasonable they be assessed 
towards the Publick Taxes and do Service during the present War ; 
'hat they be not Oppressed by a Demand upon them from both the 
Governm ts , And make Report thereof to the Respective Governm ts 

13 



1 86 PROVINCE OF NEW HAMPSHIRE. 

That they may Consider of a Temporary Settlement until the Line 
can be duly run and fully Established. — 

Sent down for concurrance. Is a Addington Sec'ry 

In the House of Representatives, June 16: 1708 Read 

June 17 : Read & Concurr'd. Thomas Oliver Speaker 



[Thomas Noyes to Secretary Isaac Addington, Proceedings at Massa- 
chusetts Convention, 1709.] 

[Mass. Archives, Vol. 3, p. 536.] 

Newbury y e 6 : of January 1709 
Honored sir 

I received An order for Runing the line with the Provinc of Nevv- 
hamshier a first A second & A third, as to the first I gave your Hon- 
our An account, wich wase received at your board as I was Informed, 
as for the second order which was to make A protempary settle- 
ment which acordingly I attended and in order thereunto I sent to 
the gentlemen belonging to the province of Newhamshier opointed 
for that service to meete with those of this province, and we all met 
at the House of Henry Ambros : which is neer the line, and dis- 
coursed concerning A protempary settelment, and the men of this 
province proferecl the gentelmen of the other province to devide the 
Houses in Contriverse Equaly boath for number of men and Estate, 
but the gentlemen of the other province refused it, we spent A great 
part of the clay in pursuading of them but could attaine it, and we 
profered them one man more than half but still they refused and 
wold do nothing except we wold setle the line according to their 
former runing of the line when none of this province wase with them, 
which we Could not Consent to, and except their minds be altared I 
have no hopes of doing anithing in that afaier. I am 

your Humble servant 

Thomas Noyes 

\App ointment of N. H. Commissioners, 1719.] 
[Mss. Prov. Boundaries, p. 8.] 

Province of j By The Honourable John Wentworth Esq/ 
New Hampsh 1 " 1 -' \ Leiu* Gov r In and over His Majesties Prov- 
ince of N Hamp 1 " aforesaid. — 
Seal. To Samuel Penhallow Mark Hunking George Jaffry 
and Rich/ 1 Wibird Esq r , Cap 1 Josh a Peirce, and James Da- 
vis & Peter Wear Esq 1 ', and Cap 1 James Jeffrey Survey 1 " &c — 



BOUNDARY LINE PAPERS. 1 87 

Greeting. 

Whereas The General Assembly have voted a Settlement of the 
boundaries of This Province, and particularly The divisional or parti- 
tion line between This and The Mass a Goverment, and a Committe 
for That purpose ; Requesting That a Commission und r The province 
Seal might be made out, impowering The Said Committe to Act in 
The premises. — 

{By Virtue of The power and Authority in and by His Maj ties 
Royal Commission To me granted To be Leiu* Gov r &c} I Do by 
These presents, {reposing much trust and Confidence in your loyalty 
Skill and ability,} Constitute and Appoint you The Said Samuel Pen- 
hallow Mark Hunking Geo : Jaffry & Rich d Wibird Esq rs and Cap 4 
Josh a Peirce, and James Davis and Peter Wear Esq rs and Cap 4 James 
Jeffrey To be Commissioners for running and Settling The S d bound- 
aries of The Prov : of N Hamp r aforesaid ; hereby giving and grant- 
ing unto you full power and Authority to Act in That affair ; and 
more particularly you are hereby impowered and Authorized To meet 
w th ye Commissioners, appointed and Commissionated by The Mass a 
Goverm\ and with Them To Conferr in and about The f^mises, and 
also to agree determine and resolve upon The afores d divisional or 
partition line ; and any other divisional or partition lines, That are 
between The aforesaid Two provinces ; (provided you Act according 
To y e Instructions herewith given you,) In Testimony whereof, I 
have Caused The Seal of The Province To be hereunto affixed, The 
Seventh day of December, in The Sixth year of His Maj ty King 
George's reign over Great Brittain &c Annoq — Dom 1719 — 

By The Hon ble The U Gov 15 J. Wentworth 

Command with Advice of the Councill — 
Rich d Waldron Cler Con 



\Instructions to N. H. Commissioners , 17 19.] 
[Mss. Prov. Boundaries, p. 15.] 

Pro : N Hamp r To Sam Penhallow Mark Hunking Geo Jaffry 
Rich d Wibird Esq r M r Josh a Peirce James Davis & Peter wear Esq 1 
& To Cap 1 James Jeffry Survey 1 & Joyned with y e Committee 
Pursuant to y e direction of The Right Hon ble the Lords Com rs of 
Trade and Plantations for Settling The boundaries of This His Maj- 
esty Province of N Hamp r & more particularly for riming The divis- 
ional line between This & His Majesties province of the Mass a which 
is To be reported home To The Said Lords of Trade &c 

you being appointed a Committee by The Gen 1 Assem y of The S d 



1 88 PROVINCE OF NEW HAMPSHIRE. 

prov : of N Hamp r for Transacting The Said affair will herewith re- 
ceive a Commission Impowering you To Act in The ^mises — And 

i yon are To repair To Newbury on Wednesday the ninth Instant 
in ord r to meet y e Commission 1 " 5 of the Mass a province That are ap- 
pointed & Commissionated by That Goverm 1 To Settle The aforesaid 
Divisional line between The Two Provinces, & you are To Conferr 
w th The S d Com rs ab l riming & determining The Said line & if you 
Agree with them in fixing y e Place where to begin the West Line you 
are to Joyne with them and make Report Accordingly — 

But if you Dont Agree thereon You are to Run y e West Line 
without them as you Judge most Agreeable to his Majesty's Com- 
mission & y e Royall Charter — 

2 you are To Sett your Compass on y e north Side of Merrimack 
river at y e Mouth of it at highwater Mark & run 3 miles upon a north 
line & from y e end of The Said 3 Miles you Shall run upon a west 
line into y e Country Till you meet y e Great River w ch runs out of 
Winnipishokey pond — 

3 you are hereby Impowered To appoint The Time when To Run 
y e line between N Hamp r & prov : of Main provided it be within a 
Sixweek from y e date hereof 



\New Hampshire Protests against Delay, 171 9.] 
[Mass. Archives, Vol. 3, p. 536.] 

Portsmouth Dec r 9 th 1719 

Sir, I am again directed by His Hon r The Leiu 1 Gov r to advise 
you, That This Goverment would be very glad, That The Settling 
The divisional line between New-Hamp r and Mass a might be sus- 
pended, Till The time appointed by your Goverment ; but having 
Strict orders from the Right Honourable the Lords Commissioners 
for trade and plantations, to run The Said line forthwith and report 
it home ; The Honourable The Leiu* Gov r and Councill do appre- 
hend, That The affair cannot (without danger of Missing This Sea- 
son) be putt of longer Than To Thursday next, which will be the 
17 th Instant, at w ch Time y e Commissioners of N Hamp r will attend 
That busyness at Newbury, and hope y e Commission 1 ^ on your part 
will not fail. I am Sir 

Your most humble Serv 1 

M r Secret* Willard Rich d Waldron Cler Con 



BOUNDARY LINE PAPERS. 1 89 

\_MassachiLsetts Commissioners on Boundary Line Appointed, 1719.] 
[Mass. Archives, Vol. 3, p. 232.] 

Commission to Addington Davenport Esq r &c Commissioners to run 
the Boundary line between this Province and New Hampshire. 

Samuel Shute Esq r Captain General and Governour in Chief in 
and over the Provinces of the Massachusetts Bay and New Hamp- 
shire in New England &c. 

To Addington Davenport Thomas Fitch Elisha Cooke and William 
Dudley Esq rs and Captain John Gardiner Greeting — 

Whereas for Divers years last past there has been a Difference be- 
tween this Government and the Governm t of New Hampshire relat- 
ing to the bounds between them To the Disturbance of many Inhab- 
itants Dwelling near the said bounds And Whereas the said Govern- 
ment of New Hampshire have Declared themselves ready and willing 
to Joyn with us in setling and Adjusting the Divisional line between 
the two Provinces And have for that End chosen & appointed Com- 
missioners to Treat and Conclude with Commissioners to be ap- 
pointed on the part of this Government Concerning the bounds and 
Limits of the said Province 

Trusting therefore in Your prudence and Fidelity I do by & with 
the Advice & Consent of the Council and Assembly of this Province, 
hereby Authorize and fully Impower you the said Addington Daven- 
port Thomas Fitch Elisha Cooke William Dudley and John Gardiner 
Commissioners in behalf of this Government (any three of you to be 
a Quorum) to Treat with the Commissioners of the Province of New 
Hampshire afores d upon the matters aforerecited — And with them 
to sign seal Confirm and perfect a full and Compleat Agreement re- 
ferring to the said Divisional line And to Determine and secure par- 
ticular rights and propertys of Land bordering thereupon, having 
recourse to such Directions and Instructions as you shall receive from 
me with the Advice of His Majesty's Council for the further Gov- 
erning your selves in this Affair : And the Conclusions and Agreem ts 
so perfected and signed and sealed by your selves with the Commis- 
sioners from New Hampshire aforesaid you shall lay before the Gen- 
eral Assembly for their Confirmation In Testimony whereof I have 
signed these presents and Caused the Publick seal of the Province of 
the Massachusetts Bay aforesaid to be hereunto affixed Dated at Bos- 
ton the Nineteenth day of December in the sixth year of His Majes- 
ties Reign Annoq Domini 1719 — 

Sam 11 Shute 

By His Excellencys Command with the Advice of the Council. — 

J Willard Sec'ry 

Examined ^ J Willard Sec'ry 



190 PROVINCE OF NEW HAMPSHIRE. 

[Instructions to Massachusetts Commissioners, 1 719.] 

[Mass. Archives, Vol. 3, p. 134.] 

Instructions to Addington Davenport Esq r &c Commissioners ap- 
pointed by this Government to Treat with the Commissioners of 
New Hampshire Government about running and setling the Divis- 
ional line between the two provinces — 

By His Excellency the Governour 

Gent Besides the Publick Commission Impowering you to treat 
with the Commissioners of New Hampshire for setling the Line be- 
tween this Government & that, Copys of Our Publick Records of 
the several Transactions relating to this Affair, which you have with 
you will furnish you with such pleas and Arguments as may 
strengthen you in asserting our rights, and hinder as much as may be 
their encroaching upon us. By them you will find, That a Committee 
was appointed Anno 1638 by the Magistrates of Ipswich to lay out 
the Line three Miles Northward of the most Northerly part of Mer- 
rymack. It was then Apprehended both by the Massachusetts and 
Piscataqua Inhabitants that an East Line drawn from thence would 
take Piscataqua River within the Massachusetts Patent — Where- 
upon Letters in March 1638/9 were sent by an Express to sundry 
Gentlemen at Piscataqua about it ; You will also find, That the In- 
habitants there being Destitute of Order and Government Divers 
times Petitioned to this Court to be received under their Rule and 
protection That the Major part of the Purchasers and Owners of the 
two Patents made to M r Edward Hilton &c, which we suppose were 
Prior to M r Masons Patent and by vertue whereof the first Piscat- 
aqua settlements were made did the 14 th June 1641 in behalf of 
themselves and their Partners under their hands in Court here Sur- 
render both Patents to the Massachusetts, and Notice was Given to 
the People there of such Surrender; from which time they sent their 
Deputies to the General Court at Boston, & Continued with us, as 
one Body for about forty years. And several of the Owners of s d 
Patents as M r Hilton &c were Commissionated by the Authority 
here Anno 1642 to Act in Government there You will find likewise, 
That their Towns, Winaconet, now called Hampton, Exeter, Dover, 
Strawberry Bank, As also our own Town Cochechiwack first 
Called Colchester and now Salisbury were allowed by our General 
Court to be Towns, and their Bounds not setled till after their sub- 
mission and Union with this Government whereof their Deputy's 



BOUNDARY LINE PAPERS. I9I 

were a part. It's also to be remembered in Our Favour, That to the 
support and Assistance which we have yielded them in time of War 
at so great Expence (and without w ch they had probably been swal- 
lowed up) is owing in a great Measure their flourishing Condition at 
this day. Upon all which considerations you May Justly Insist That 
our Several Towns lying on the North side of Merrimack River 
should still remain to this Government according to the bounds setled 
by the General Court, altho in some places they should run some- 
what further than three Miles Northward from the River ; and that 
particular Persons to whom Grants of Lands have been made shall 
retain the property of their Grants without any Allowance or Equiv- 
alent to be made therefor, since those Bounds were setled and those 
Grants made when we were all but one Government ; and so it be- 
comes their Act & Deed as well as ours ; which ought therefore in 
reason to be binding to them : Which if it cannot be obtained you 
may Consent to some reasonable Equivalent. And it will be well 
That each Town bordering on them should supply you with Authen- 
tick Copies of their bounds, as setled and Confirmed by the General 
Court : The above is what offers as to the Southerly line between us 
and them 

As to their Westerly Line M r Aliens Commission do's no way de- 
termine it, since it runs to Govern from three Miles Northward of 
Merrimack River to the province of Mayne without Giving any Wes- 
tern bounds into the Land Therefore that their Extent Westward 
may be known, It will be Incumbent on them to produce some other 
patent that Ascertains it. To which end if they offer the two Patents 
of Dover & Quamscot Granted to M r Edward Hilton &c. It will Man- 
ifestly place the Advantage on Our side since those patents have 
been Resigned and Given up to us. — 

It will be best at your first meeting to Discover what you can of 
their pretensions without making any Concessions on our part till 
you have Informed your selves of the utmost Concessions That they 
are Allowed to make on the part of that Government ; which when 
you have Gained you may then proceed finally to Conclude and settle 
a Divisional Line between the two Governments, so as may no ways 
Infringe upon the Bounds Granted to this Government in the Royal 
Charter. Given under my hand at Boston the Nineteenth day of De- 
cember in the Sixth year of His Majesty's Reign Annoq Domini 
1 719 — Sam 11 Shute 

By His Excellencys Command J Willard Sec'ry 

Examined ^ J Willard Sec'ry 



192 PROVINCE OF NEW HAMPSHIRE. 

[New Hampshire Expenses, 1720.] 

[Mss. Province Boundaries, p. 17.] 

Province D r Towards Settling the Line Between the-two Gover ts And 
In Negotiating the Affairs w th y e Indians 
1719 
Dec br 21 To Entertaining the Boston^ 

Commissioners at their Going V 3.. 9.. — 
Eastward — J 

To Expence of the Comittee at 

Newbury — 12.. 18.. 6 

To 5 days of Geo : Jaffrys Coll ^ 
H unking Cap 1 Wibird Cap 1 | 
Joshua Peirce Esq rs & Sam 11 )> 15.. — .. — 
Penhallow & James Jeffry at ] 
10/ ) 

31.. 7.. 6 



Apr 1 



1.. 10. 



To Coll Wear 2 days — 1.. — .. — 

To Edw d Pendexter himself & ) 

horss 5 days — j 

To \ part of fifty four pounds oi~\ 

Stores &c for Cap 1 West- I 

brook in Going Eastward w th { ^" 

y e Comis 1 " 5 J 

To Expence on y e Boston Com- ) , 

. . L 4. r * \ 2.. 16.. 2 

issioners at y r return J 

To Cap t Westbrook twenty days ^ 

for his troble in Going East- > 10.. — .. — 

ward at 10/ ^ day J 



Jan r 

1720 To Cash p d James Jeffry as by ) 

his receipts ( 

To Coll : Davis on dito ace" — 

To Cap 1 Westbrooks Perticuler "I 

Expences as by his account — J 



29..—..— 

13..—..— 

4.. 5.. 10 



28.. 16.. 2 



To Coll : H unking Coll : Packer ) 

& my Self 2 days Each ab l > 3.. — .. — 
the New Town Line ) 

To Coll : Daviss & Cap 1 Tibbetts 1 r 

one clay j 

To Expences at Same time — 1.. 9.. — 51.. 14.. 10 



Apr 11 26, 1720. ;£iii..i8.. 6 

Err's Excepted ^ Sam 11 Penhallow. 



BOUNDARY LINE PAPERS. 1 93 

[Letter to Jeremiah Diimmer, 1720.] 
[Mss. Corr., Vol. 1, p. 39.] 

July 20, 1720. 

S r It's probable that long 'ere Now y u have heard the debate that 
has hapned, between this and the Massathusets Province, abt the Di- 
viding line ; and having had so large Experience of your favour in 
serving us doe think it Incumbent of Tnaking all suitable returns of 
recept and gratitude and should Esteem you the most Suitable per- 
son of making our application to, were it not that you are so ime- 
diately interested in the other Province Wherefore, Wee thought 
Meet to acquaint you, that wee have now writt M r Newman to solicite 
our affair, and to lay a representation thereof, before the Lords of 
Trade &c 

Our L t Gov r very heartily Salutes you and so doe all our Gent n — 
more particlarly S r 

Yo r most humble and Most Obed* Serv ts 
Joshua Peirce Sam 11 Penhallow 

Henry Sherborn Geo : Jaffreys 

Jer : Duramer Esq r 



[Rough Draft of Letter to Agent in London, 1720.] 
[Mss. Corr., Vol. 1, p. 37.] 

New Hampsh r July 20, 1720. 

S r The affairs of our Province requiring the assistance of Some 
Gent n att home Our Generall Assembly at their session in May last 
made choice of you for their Agent, and as testimony of their resp ts 
and your Encouragem 1 therein did vote you y e Sum of ;£ 100.. 00.. 00.. 
this money w ch we presume his Excellency has advised you off, and 
to know how you would have y e Same remitted. 

The matters of Importance w ch wee now send you, to lay before his 
Maj y and y e Ld s of trade &c are as follows Viz 1 

That y e Dividing line bee fixt between this Province and the Mas- 
sathusets ; a plan of which is here inclosed. 

The line on y e south side of our Province wee account a West line 
three miles North from y e Entrance of Merrymack River att y e At- 
lantick or Western Sea, and runs westward as wee conceive as far as 
y e Massathusets Colony 



73 cx 

1) C 

,n p 

<D U 



S 5 4 

no 

is 






194 PROVINCE OF NEW HAMPSHIRE. 

The line on y e Northerly Side against y e Province of Maine, being 
a Northwestward line from y e furthest head of Newewanock River, 
w ch wee suppose y e Salt River A dispute hereupon will arise about y e 
Point whither North a little West, or North west ; there being 4 
points difference — 

that a representation bee made of y e Embezzlem* of the 
Kings Stores which Col Vaughan made while L* Governour, 
who in y e space of Nine Months Consumd thirty seaven bbs ; 
the Copy of whose ace" is herewith sent you ; which consump- 
tion is by 30 bbs more than was ever practicable in any gov r - 
nours time before ; Now as he had a Comission from y e King, 
he thinks himself beyond y e reach of any here of calling him 
to an ace" neither had his Excellency been inclinable to inter- 
meddle Wherefore wee pray that a Speciall order may be ob- 
tained for his answering and refunding y e same here, or y e val- 
ue thereof, as the price curr" then and now is, Viz 1 at io 1 ^ 
barr 11 , In all amounting to, three hundred pounds ; which oth- 
erwise will not only bee a reall damage to y e Province, but an 
ill president unto such hereafter as may succeed. 

3. That in as much as his Majesty has been pleasd to forbid pow- 
der to bee payd by any Merch* men, belonging to Great Brittaine, 
which supplyed y e Usuall Expence of our Castle that the Matter bee 
layd before y e board of Ordnance for his Majts Royall bounty therein. 

4. That from time you will diligently inspect into all maner of 
Complts that may bee Layd agst y e Interest of this Governm* and 
Province, particularly agst his Excellency, the U Gov r and Councill ; 
for altho Col Vaughan was crampt in his late projections, wee are well 
assured that he is in y e Boston Cabinett, who have involved the whole 
country into a very strange Convulsion the ace" whereof, you have 
undoubtedly had from thence. 

5. That the duty on Lumber, particularly that on boards, bee en- 
tirely cutt off, which will very much propagate the trading of all New 
Engld. 

6. That You renew Our application to their Lordships of the unrea- 
sonableness of M r Bridgers prohibiting y e cutting or felling any sort 
of timber, above such & such dimentions as Mentioned in the Act 
unless that he first Surveys and marks such as are fitt for y e Royall 
Navy whereupon wee are not only denyed the benefit of timber for 
our Necessary Uses, but y e building of vessells So Materially requi- 
site for making returns to Great Brittaine ; But that our Sawmills 
wilbe overthrown, altho thousands of trees lye perishing in ) e woods, 
which would bee no ways Serviceable to y e Crown but greatly Detri- 
mental unto some Hundreds of his Maj tes good subjects here and of 



BOUNDARY LINE PAPERS. 



95 



overthrowing our traffique to y e Sug r Islands which in a circular way 
of trade produceth so great a Revenue Unto ye Crown 



\Instntctions to Agent Newman, 1720.] 
[Mss. Corr. Vol. 1^ p. 33.] 

Portsm N: Hamp r N Eng d July 22 d 1720 

M r Henry New Man 

S r The Affairs of this Goverment ffreequently Requiring the 
Sollicitations of Some Person at Court Our Generall Assembly In 
May Last made Choice of you to be their Agent for that End, and 
as an Earnest of their Respects & for Your Encouragement did then 
vote you one hundred pounds this Money which Presume his Excel- 
lency Gover r Shute hes heretofore advised you off as alsoe the Lie* 
Gover r — 

Here hes been A Long Dispute between this and the Massachu- 
sets Govern^ about the Divideing Line and Severall Comissioners 
have Sund r times been appointed by both to Settle it but heitherto 
Could never be Effected by them which Proves Injurious to many 
Persons that Inhabit on or near the Line who have ben Oblidged to 
pay Taxes to both Goverments wherefore that it may be finally 
Issued & those Greviances Redressed Since the Goverm ts here Can't 
doe it them Selves that matter is now to be Submitted to his Majesty 
in Council or Lords Commissioners of Trade & Plantations & In 
Order Thereto you have herewith A Comission from this Goverment 
to Impower you our Agent and accordingly you are Desired to Lay 
the affair before them as may be Proper so Soon as Conveniently may 
be & that there May be a Right Apprehention of the Matter You 
have herewith a Mapp or Draught which you may Depend is very 
Exact & Correct 

The Extent of this Prov e is all the Land between the Massachu- 
setts & Prov e of Main our South Bounds is three miles North from 
the Mouth of Merrimack River at the Atlantick Ociian or Western 
Sea & from thence a West Line in to the main Land So far as the 
Massachusetts Extends Our North Line or Bound is Piscataqua 
River untill it come to the head of Nichewannick River & from 
thence A very few Degrees westward of the North up into the main 
Land as on the Southern Line Which bounds are prick out on the 
Mapp & Wee Concieve agreeable to the Royall Charter Granted to 
Massachusetts but the Comissioners of that Goverment have allway 



I96 PROVINCE OF NEW HAMPSHIRE. 

Insisted on other Lines as are alsoe marked out on the Draught 
which if Granted to them would Render this Prov e a very Little one 
indeed — 

Whereas his Majesty hes Lately Prohibited Any Imposition of 
Impost or Powder Money On the Merch* Shipps Trading here be- 
longing To great brittain which formerly Supplyd the Usuall Expence 
of Powder of our Castle & the Stock being now very Low you are 
Desired to Lay that Matter before the proper board In Order to ob- 
tain the Royall bounty therein & you are to be Vigelent in Deligently 
Enquiring into all Compl ts that may made ags 1 this Present Gover- 
ment & in Pursueing Every thing that maybe promoted for the Gen- 
erall benefit of this Plantation Especially that the Lumb r from hence 
may be Imported into great Brittain free of Duty & the Bounty Con- 
tinued! On navall Stores that the forging of Iron here may not be 
Obstructed but Encouraged & that Some better Encoragem* may be 
granted for Raising hemp & flax which if Pursue'd this Country 
might in a Little Time furnish the Crown with A Considerable Sup- 
ply That the Surveyer Generall of the Woods may be Directed to 
preserve the Mast Trees after A better maner & not Suffered to ob- 
struct his Majesties Subjects from getting such Timber from thence 
as is not nor never will be fitt for the service of the Crown of which 
there are multitudes of Trees that Are Rotting on the ground that 
might make good Lumber fitt for the London & West India Marketts 
by the Latter of Which a Considerable Revennue arriseth to the 
Crown Wee Desire you will acquint us from time to time of your 
proceeding in the Premisses & Salute you with Great Respect as a 
Comittee of this Goverment & Are S r 

Your Very Humble Serv ts 



[Letter to Lt. Gov. Wentworth about Disputed Taxes, 1720.] 
[Mss. Prov. Boundaries, p. 20.] 

Boston November 28 th 1720. 

Sir./ I am directed by His Excellency to inform you that there is 
a Complaint made to the General Assembly of this Province by the 
Select men of Salisbury of the Hardships they are under by Dis- 
traints of your Officers upon the People living near the line ; which 
Complaint is supported by the enclosed Testimonies ; His Excellency 
is extreamly Displeased That after the orders given by this Govern- 
ment to the Town of Salisbury of Levying no Tax upon their Inhab- 



BOUNDARY LINE PAPERS. 1 97 

itants near the Borders your Officers should take such violent Meas- 
ures, And expects that the Government of New-Hampshire give 
immediate Orders that a restitution be made of what has bin dis- 
trained from the People living near the Line w ch if they neglect to do, 
He will recall y e directions he has given to the Officers of Salisbury 
to forbear Taxing the Borderers, And thinks your Government will 
be Answerable for the Consequences of these Proceedings : I am 
Your Hon rs most obed* humble Serv* 

Josiah Willard 
To y e Hon ble John Wentworth Esq r 



\_Testimony of Eaton, Carr, Webster, and Greeley, 1720.] 
[Mss. Prov. Boundaries, p. 21.] 

The Testimony of Ephraim Eaton who Saith y* on y e 28 th Day of 
Aprill 1720. M r Nathan Longfellow Constable of Hampton demanded 
A province rate of me & I refuseing to pay him he seized my person 
for s d rate & Carried me a Prisoner to Portsm & further this Dep* 
testifieth y* Ten Dayes after or there ab ts y e Aboves d Constable Long- 
fellow seized my Person by Violence & Conveyed me as far as Hamp- 
ton for y e same rate & I was force'd to Comply & pay y e Rate & 
Charges to my great Damage rather then go to Prison & further 
saith not. 

Essex ss. Nov r y e 17 th 1720, M r Ephraim Eaton of Salisbury Ap- 
peared before me y e Subscrib r & made oath to y e Truth of all Above 
written — 

W m Bradbury Just of y e peace 

A True Copy Exam d ^ J Willard Secr^ 

The Testimony of Sanders Carr who Saith y* on y e 28 th day of 
Aprill 1720, M r Nathan Longfellow Constable of Hampton seized my 
Person for a Province rate w ch he demanded & Carried me to Portsm 
a Prisoner for s d Rate to my great Damage & further y s Dep* Testi- 
fieth y t Ab* Ten Days After or thereab ts y e Aboves d Nathan Long- 
fellow informed me y*he as Constable had seized My Horse for Rates 
& I was forced to redeem my Horse w th money to my great Damage 
& further Saith not. 

Essex ss. M r Sanders Carr of Salisbury Appeared before me y e 
Subscrib 1 " & made oath to y e Truth of all Abovewritten. Nov r 17 th 
1720. 

W m Bradbury just of y e peace 

A True Copy Exam d f J Wflfard Seer* 



I90 PROVINCE OF NEW HAMPSHIRE. 

The Testimony of John Webster who Testifieth & saith y e 10 th of 
May 1720 (or thereab ts ) M r Nathan Longfellow Constable of Hampton 
came to me & made demand of a Province rate I told him I had not 
money at y e Present, his answer was y* he would not go w th out it he 
went directly to my Pasture & Seized my Horse & carried him away 
& I was forced to redeem my Horse w th money to my great Damage 

Essex ss Nov r 17 th 1720. M r John Webster of Salisbury Appeared 
before me y e Subscrib r & made oath to y e Truth Above written 

W m Bradbury Just of y e Peace 

A True Copy Exam d f J Willard Secr>' 

The Testimony of Andrew Grele Jun r who testifieth & saith y 1 ab* 
y e first of June last (1720,) M r Nathan Longfellow Constable of 
Hampton came to my House & Seized my Horse as he s d for rates & 
conveyed him away & Never gave me any Acco t what he did w th 
Him w ch was greatly to my Damage 

Essex ss. Nov r 17 th 1720. M r Andrew Grele of Salisbury person- 
ally Appeared before me y e Subscrib 1 " & made oath to y e Truth of all 
Above written 

W m Bradbury Justice of the Peace 

A True Copy Examined ^ J Willard Secr y 



\Reply to Gov. Shitte about Disputed Taxes, 1720.] 
[Mss. Province Boundaries, p. 18.] 

May it please yo r Excellency 

His Honour the Leiu* Gov 1 " has ordered me To acquaint your Ex- 
cellency, that he has inquired into The misunderstanding, which late- 
ly happened between the Hampton Constable, and Ephraim Eaton, 
Sander Carr, John Webster, and Andrew Grele, dwellers near the 
Partition line of the two Provinces, and that (notwithstanding The 
Several affidavits of those men, taken before M r Justice Bradbury the 
1 7 th of Novemb r last Copys of which came inclosed To him in a letter 
from M r Secretary Willard dated g br 28 1720 by your Excellency's 
direction) He cannot perceive there was any Just grounds of Com- 
plaint, for that those men have been taxed and paid rates in this prov : 
no less than fifteen years last past, and two of them (viz 1 ) Sanders 
Carr, and John Webster have taken of this province money upon In- 
terest, as Inhabitants within the Same, and here mortgaged their Es- 
tates for Security : and further There are Several persons that live 



BOUNDARY LINE PAPERS. 



I 99 



more Southwardly and nearer the borders than the Complanants, who 
have paid taxes in this Goverment for Severall years past without 
contradiction which will appear by affidavits herein inclosed as also 
by the original list of Rates at Hampt for y e year 1705 which Shows 
in y e Second & fourth page that Sanders Carr and Andrew Greely 
were taxed and paid in that year within this prov : 

I am yo r Excellencys Most obed* humble Servant 
Dec r 9 th 1720 Rich d Waldron Cler Con 



[Fragment of Letter to Agent Newman, May 4, 1722.] 
[Mss. Corr., Vol. 1, p. 43.] 

M r Newman 

Sir I am Commanded by His Excellency The Gov r and The 
Hon ble The Council to Represent to you their Sense of that para- 
graph in the Mass a Charter on which the determination of the Divis- 
ional line between this and the Mass a Goverm 1 depends The words are 
as follow " All that part'of New England in America lying and Ex- 
" tending from the great River commonly called Monamack alias Mer- 
" rimack on the north part, and from three Miles norward of The Said 
" River &c — 

It is The last words of the paragraph which want Explanation viz 1 
and from three Miles norward of the Said river which His Excellency 
and the board Understand to Intend that from the mouth of Said 
Merrimack River Shall be measured Three Miles directly north and 
from the end of the S d three miles to Run a West line to the western 
Ocean and that to be the dividing line between y e two provinces and 
that if it be otherwise as the Mass a would have it that the Said line 
Shall run paralell to the River This The Kings prov : of N Hamp r 
must necessaryly be contracted within exceeding narrow limmitts The 
S d River a little above our towns Runing a great length on a north 
Course and to y e eastward of north and for the most part northerly 
which They desire you to lay before The Right Honourable the Lords 
of trade and plantations which they Think Sufficient w th out any pa- 
pers to be Sent from hence 



200 



PROVINCE OF NEW HAMPSHIRE. 



[Vote about Instructions to Jercntiali Dummcr, Agent for Massachu- 
setts, 1723.] 

[Mass. Archives, Vol. 5, p. 4.] 

At A Great and General Court or assembly for His Majesties Prov- 
ince of the Massachusetts Bay in New England held at Boston the 
23 d octo r 1723. 

In the House of Representatives Decern 1 " 24 th 1723. 

Voted that the Instructions sent to M r Agent Dummer from this 
Court the 16 th July and 23 d of august 1720, Referring to the Line be- 
tween this Government and the Government of New Hampshire be 
given as Instructions to the joint Agents of the Province that they 
use the same with the Several Copies and Draft of Merrimack River 
therein referred to according to their best Discretion for the settling 
and fixing the Line between us and the Goverm* of New Hampshire. 

Sent up for Concurrence John Clarke Speaker 



In Council, Decern. 25 th 


1723- 




Read and Concurred 




J Willard sec'ry 


Consented to. 




W m Dummer. 


Examined ^ 
Copy 




J Willard Sec'ry 



\N. H. Vote for Address to King, 1726.] 

[Mss. Prov. Boundaries, p. 23.] 

In Coun 1 April 29 : 1726 — 

Whereas the boundary Lines of this Province have bin Long De- 
pending and not yet Settled which is very much to the Damage of 
this His Majesty's Goverm* espetially in as much as the Govern^ of 
the Massachusets have Lately Disposed of and Lay'd considerable 
Ouantitys of Land which is Supposed to be much within the bounds 
of this Prov : and are about Granting more of s d Lands which is a 
great Grevancc &c — 

Voted that there be an Address Drawn up Setting forth y e s d Greiv- 
ance Praying that it may be Redress d by a spedy Settlement of the 
Lines betwen this Province & the Mass a and that y e Address be for- 
warded to M r Agent Newman to be presented to the King and that 



BOUNDARY LINE PAPERS. 201 

M r Agent Newman have One hundred pounds this money sent him 
for the Same and other his Good Services — 

Rich d Waldron Cler : Con 

ap r 30 : 1726 In the house of Representatives 
Read and nonconcurred nemine Contradicente 

James Jeffry Cl r Ass m 



[Vote for Instructions to Agent Newman, 1726.] 
[Mss. Prov. Boundaries, p. 24.] 

In the House of Representatives April 30 th 1726 

Whereas the Bounderies of this Provence have bin Long depend- 
ing and as yett unsettled, which is verry much to the Damage of this 
his Maj ts Goverm* Espessially in as much as the Govern^ of the Mas- 
sachusetts have lately dispos d of and laid out Considerable Quanti- 
ties of Land which is Reasonably supposed to be ferr within the 
Bounds of this provence, and are about Granting more of the s d 
Lands, which is a verry grate greivance 

Voted that Instructions be drawn up and sent to M r Agent New- 
man to prosecute &'Indavor a speedy settlem 4 of the lines between 
this Goverm 1 & that of the Mattechusetts boath in length & breadth 
in a more Certin manner then yett heath bin don and that m r Agent 
Newman have one hundred pounds of this mony sent him to Enable 
him to prosecute the same, & for others his good services and that 
Cap 1 William ffellows & m r theoder Atkinson be a Committe of this 
house to Joyn w th a Committe of the upper house to draw up Instruc- 
tions to M r Agent Newman Concerning it. 

James Jeffry Cl r Ass m 

In Coun 1 May 20 

Read and Concurr'd & Geo : Jaffry & Rich d Wibird Esq rs appoint- 
ed for y e Service above 

Rich d Waldron Cler : Con 



[Mass. Boundary Line Commissioners Appointed, 1726.] 
[Mss. Corr., Vol. 1, p. 57.] 

At a Great and Generall Court or Assembly of his Majestys Province 
of the Massachusetts Bay in New England Held May 25 th 1726. 

14 



202 PROVINCE OF NEW HAMPSHIRE. 

In Council : For Accommodating the Matters in difference be- 
tween this Government and the Government of New Hampshire Re- 
specting the Line between the Two Provinces 

Ordered, That Commissioners be Chosen & Appointed by this 
Government to meet with Commissioners from the said Government 
of New Hampshire to Adjust & fully Issue the said Difference, 
Their Agreement thereon to be laid before the respective General 
Assemblies of the said Provinces for their Confirmation, And that 
uponsuch Confirmation of the said General Assemblies, His Majesty 
be Humbly Addressed by both Governments for his Royal Appro- 
bation. 

In the House of Representatives 

Read and Concur'd, and Ordered, that William Dudley Jonathan 
Remington Esq rs , M r Thomas Cushing, and Timothy Lindal Esq r , 
with such as the Hon ble Board shall appoint be the Commissioners to 
manage the Affair proposed in the within Vote. 

In Council Read and Concur'd ; And Nathaniel Byfield, Addington 
Davenport, & Thomas Fitch Esq rs are Added to the Commissioners 
for the Affair aforesaid. 

Consented to W m Dummer 

Copy Examined °§ r J Willard Sec'ry 



\Henry Newmans Letter to Board of Trade, 1726.] 
[Mss. Prov. Boundaries, p. 25."! 

To the Right Hono'ble the Lords Comm rs of Trade & Plantations. 
May it please Your Lordships, 

I have just now receiv'd Letters from New Hampshire Complain- 
ing of the Encroachment of the Massachusets Province, by Selling, 
Granting and Laying out great Quantities of Land near the Center of 
the Province of New Hampshire, at a Place call'd Pennecook. 

I have some time since lodged in the Council office, to be laid be- 
fore His Majesty a Memorial requesting that the Boundaries of these 
Provinces may be settled, so as to prevent any future Disputes be- 
tween their respective Governments, which I presume will be refer'd 
to your Lordships ; but as that may require time to be consider'd, I 
humbly beg Your Lordships would be pleas'd, in the mean while to 
interpose Your Authority for securing His Majesty's Interest in the 
Province of New Hampshire, from any Detriment by the Grants 



BOUNDARY LINE PAPERS. 203 

already made, and for suspending all Grants of Land on or near the 
Boundaries in dispute, till His Majesty's Pleasure therein shall be 
known. 

I am with the greatest Respect, My Lords, 

Your Lordships, most obedient humble Servant, 
Middle Temple, Henry Newman 

8 th August, 1726. 



\_A lured Popple to Henry Newman, 1726.] 
[Mass. Archives, Vol. 52, p. 319.] 

Whitehall 30 th Aug 1 1726. 
, Sir, I have laid the Order in Council of the 9 th instant referring 
your Petition to my Lords Comissioners of Trade and Plantations 
about the Boundaries between New Hampshire and the Massachu- 
setts Bay before their Lordships, who have commanded me to desire 
you will consult with the Agent of the Massachusets Bay, and let me 
know when you shall be ready to lay before their Lordships what 
you shall have to offer upon Your said Petition I am Sir 

Your most humble Servant 
Henry Newman Esq r Alured Popple 



\Extract of Letter from Jeremiah Dnmmer to Secretary Willard, 

Oct. 10, 1726.] 

[Mass. Archives, Vol. 52, p. 320.] 

****** j observe in the Journall of the House of Repre- 
sentatives at their Last Sessions that a Comitteeof both Houses was 
appointed to draw up Introductions for me relating to the Bound- 
aries between Us & the Province of New Hamphire. I very much 
want them, because M r Newman has preferr'd a Memorial on the 
same Subject to the King in Councill, which has been referred to 
the Board of Trade, And they have writ a Letter to M r Newman 
to conferr with me upon it, Copies of all which papers are inclosed, 
I have had an Oppertunity of seeing M r Newman since, tho' I de- 
clin'd making any Appointment 'till I receive my Instructions. I ask't 



204 PROVINCE OF NEW HAMPSHIRE. 

him what the pretenc'ons of New Hampshire are, his Memorial be- 
ing drawn in such General Terms that one can understand nothing 
by it, he said that their Boundary on the side of the late Colony of the 
Massachuset was the middle of Merrymack River, which tho very 
Extraordinary doctrine, was not soe surprizeing, as to hear him say 
soon after that the true antient Boundary was Nahumkeag the Indian 
Name for Salem, and this Secret it seems he was let into by M r 
Usher when he was in England last, So that M r Mason's Title which 
New Hampshire has ever oppos'd 'till this Day, is now to be sett up 
& carried to an Extravagancy, which he himself never dream't of, as 
I casually mention'd that Our Charter was prior to Mason's Deed, it 
was answered that Mason derived from one Woolaston and that his 
Grant was prior to Ours I must take Notice to you that Six Years 
agoe I receiv'd some short Instructions about this affair with some 
papers from N° I to N° 7 and a Map. But there should be some- 
thing of a Case stating Our Right with the Proofs that support it, 
and then the Objections with the proper Answ rs ffor I can't at this 
distance have recourse to you when I am presst with any difficulties. 
As to the Papers, they are of no manner of use as not being attested 
under the Seal of the Province, And therefore will not be admitted 
to be read. This is a Rul'd Case, And out of all Dispute. Others 
of the papers are Extracts which for that reason will be refused, as 
S r Ferdinando Gorge's Patent, & the Indian Sachem's. They must 
be sent over Entire & Authentick. There will without doubt be the 
greatest Councill (we have) retained on both sides, and they are al- 
ways very strict and severe as to what papers they admit to be read. 
As I was looking over our Map this morning I observed that you 
have drawn the line of 3 miles to the Northward of Merrimack 
Strait, I fancy theyl insist to have that a Curve line parallell to the 
River. But this is only a thought of my own. ****** 



[N. H. Vote .in Reply to Mass. Vote, 1726.] 
[Mss. Prov. Boundaries, p. 26.] 

Province of New Hampshire x r the i 8t 1726 — 
In the House of Representatives 

Whereas a vote of y e Great & Gen 11 Assembly of his Maj tie Prov- 
ince of y e Mass a beareing date may 25 th 1726, to appoint Comiss rs to 
meet with Comiss rs from this Province to adjust the line in Dispute 



BOUNDARY LINE PAPERS. 205 

Between the Provinces, has been laid before us — and a Debate had 
thereon — 

In answer wee say That this Province haveing Severall Times by 
theire Comiss rs met with Comiss rs from s d Province in order thereto, 
yet no setlement could be agreed upon, Wee haveing by our Agent 
laid before his Maj tie in councill y e Dispute About both lines, & his 
Maj tie haveing referred it to a Committee of Lords to Consider there- 
of & make Report of their Opinion to his Maj tie in Councill in Order 
to a finall Setlement of both the lines -~- 

voted/ That for the above said Considerations wee think it not 
propper to Chuse any Comiss rs the whole Matter being submitted to 
his Most Gracious Maj tie — 

James Jeffry Cl r Ass m 

In Coun 1 Eod die 

Read and Concurred Rich d Waldron Cler : Con 






\Vote of Massachusetts Council, 1728.] 
[Mss. Prov. Boundaries, p. 19.] 

Province of the Massachusets Bay. 

At a Council Held at the Council Chamber in Boston upon Thurs- 
day the 13 th of March 1728. 

His Excellency having communicated to the Board a Vote of the 
Lieuten* Govern 1 " & Council of the Province of New Hampshire 
(Pass'd the sixth of March Instant for Prohibiting the Inhabitants of 
that Province from Making any Settlements or Improvements on the 
Lands near the Dividing Line &c, Conformably to a Vote of this 
Board pass'd the twenty seventh of Febr^ last 

Ordered that the Secretary send Copys of the two above recited 
Votes to His Majestys Justices of the Peace belonging to the Towns 
of Haverhill Salisbury & Amesbury with Directions That they take 
care That the said Votes be forthwith posted up in the most publick 
Places in the said Towns for the Information of the Inhabitants 
there, And that he likewise send Copys of the same to the Clerk of 
the Peace for the County of Essex to be laid before the Justices at 
their next General Sessions of the Peace for the said County 

Copy Examined ^ J Willard Sec'ry. 



206 PROVINCE OF NEW HAMPSHIRE. 

[Mass. Commissioners Appointed, 1729.] 
[Mss. Prov. Boundaries, p. 44.] 

On The Petition of Richard Saltonstall Esq r Nath 11 Peasley James 
Ayer Ebenezer Eastman and Richard Hazen Jun r for themselves 
and in Behalf of Sundry Others Principal Inhabitants And Proprie rs 
of the Town of Haverhill in the County of Essex. — 

Praying That this Court would Appoint a Com tee to Join with a 
Com tee that may be Appointed by the Province of New Hampshire 
to Accommodate their Differences And Settle a Line Between the 
Provinces 

In The House of Represent^' 5 April 10 th 1729 

Read and in Answer to this Petition and for Accommodating the 
Matters in difference between this Governm 1 And the Governm 1 of 
New Hampshire. 

Ordered That Col. Dudley M r Cook Col Wainwright M r Rem- 
ington and M r Thomas dishing with Such as the Hon ble Board 
Shall Joine be and hereby are Chosen and Appointed Commissioners 
on the Part & Behalf of this Governm 1 1 o meet with Commiss rs that 
may be Appointed by the Governm 1 of New Hampshire to Adjust 
And fully Issue the Said Difference their Agreement thereon to be 
Laid before the respective General Assemblys of the Said Provinces 
for their Confirmation and that Upon Such Confirmation of the Said 
General Assembly His Majesty be humbly Addressed by both Gov- 
ernm ts for his Royal Approbation 

Sent up for Concurrence W m Dudley Speak 1 " 

In Council April II th 1729. Read & Concurd & Nath 11 Byfield 
Adclington Davenport Thomas Fitch Timothy Lindall & Theophilus 
Burrill Esq rs or any three of them are Joined in the Affair. 

J Willard SecVy 
Consented to W Burnet 

A True Copy Examined °$ r J Willard Sec'ry 



[Petition of Eastman and Hazzen t 1729.] 
[Mss. Prov. Boundaries, p. 27.] 

To His Excellency William Burnet Esq 1 " Cap 1 General and 
Governour in Chief in and Over his Majesties Province of New 



BOUNDARY LINE PAPERS. 207 

Hampshire in New England, To the Honourable His Majesties 
Council & The Honourable House of Representatives of said Prov- 
ince in Generall Court Assembled at Portsmouth The 22 d Day of 
April 1729 

The Memoriall of Ebenezer Eastman and Richard Hazzen Jun r 
of Haverhill, for themselves & in behalf of Sundry Others of the 
Principall Inhabitants and Proprietors of the Town of Haverhill in 
the County of Essex, who hold under the Antient & Originall Gran- 
tees of the Said Town Humbly Shewoth 

That Your Memorialists & their Predecessors under whom they 
derive their Title of Property from have been setled in the Town of 
Haverhill for More than Eighty and Eight Years, Ever since the 
Year 1641. Haveing had a Grant from the Province of the Massa- 
chusetts Bay ; since which time the Inhabitants there have been in 
the Exercise of the Powers, priviledges, and Authorities, which Other 
Towns in the Massachusetts Province do hold and Enjoy, And that 
your Memorialists and their Predecessors, have at a vast Expence of 
Blood & treasure defended that frontier, from the Repeated Inva- 
sions & Attacks of the Indian Enemy in the late Calamitous warrs. 
The truth of which being So Notorious that no Doubt Can be made 
of it. And that we have at no time Exceeded the Limits of Our 
Town Grant in the disposition, or Appropriation of Any of Our 
Lands. 

But so it is May it Please Your Excellency, and Honours, that the 
Divisionall or Partition Line between this Province & the Massachu- 
setts may probably when Setled Leave part of the Grant of Haver- 
hill Township to the Northward thereof, for we are Sensible that the 
Northwest Line of Our Township, Runs more then three Miles to 
the Northward of Merrimack River, For want of a Settlement of 
which Many Inconveniences and Difficulties have Arisen and Still 
are likely to Arise and Increase And Your Memorialists think it 
almost Needless to Mention that many Irish persons have of Late 
set down & setled themselves, within the Antient and known Lines 
and boundaries of Haverhill Grant, Under the Authority of this Gov- 
ernment which Lands have been so Dearly defended by us as Afore- 
said. 

Now your Memorialists with all Humility & Submission would Ap- 
proach Your Excellency & this Great & Honourable Court & Lay 
their Difficult Circumstances before you for your wise & Equitable 
Consideration, & first would Suggest and pray that as the Grant & 
possession of Haverhill is of So Long Standing we may not be Mo- 
lested or Disturbed in the Quiet possession of Our property ; we are 
not Sollicitous which Government we are or Shall be Subject to, it 



208 PROVINCE OF NEW HAMPSHIRE. 

being Our business to be Obedient which is Our Sincere desire and 
Resolution And when the Line shall be made Certain & Determined, 
we shall Chearfully Obey y e Laws, & Authority, of that Government 
to which we shall be Subjected, but till then we Would renew Our 
prayers, that we may not be Ousted of Our so Long possessed prop- 
erty. — 

And in Order to Settle the Matters in Difference between the Two 
Governments, Your Memorialists have Already Addressed the Gov- 
ernment of the Mass a Bay Setting forth the Difficulties we Labour 
Under as Aforesaid & praying that some way may be found Out for 
Our Relief, — In Answer whereto they have Appointed Commission- 
ers to Meet with such Commissioners as may be Appointed by this 
Government to Adjust, and fully Issue, the Difference between the 
two Governments, The Agreement between them to be Laid 
before the Respective Generall Assemblies of the Two Provinces 
for Confirmation ; Upon which that both Governments Address 
his Majesty for his Royall Approbation of Such Confirmation — 
which petition and Order thereon we hope is Transmitted to 
Your Excellency & Honours for Your Consideration to which we 
Humbly refer, And we trust that Upon Reading & Considering the 
Same, with this Our Humble Memorial Your Excellency and Hon- 
ours will see Great Cause to relieve us under these Our difficulties, 
& that you will appoint a Number of such worthy and Judicious 
Gentlemen as You may think proper as Commissioners fully Impow- 
ered on the part of this Government, to Meet with the Commission- 
ers Appointed & Impowered by the Massachusetts, to Adjust & 
fully Issue the Unhappy Difference between the Two Governments 
Agreeable to the Vote On Our Aforesaid Petition or that of Your 
known * wisdom you would Point out some other way for Your Me- 
morialists Speedy relief in the Premises whereby the ill Consequences 
of what may Otherwise happen may be Avoided And for Your Ex- 
cellency & Honours Your Humble Memorialists as in Duty bound 
shall Ever pray. 

Ebenezer Eastman 
Richard Hazzen Jun r 

for themselves & in behalf of the Inhabitants of Haverhill 



[Vote on Petition of Eastman and Hazzen, 1729.] 
[Mss. Prov. Boundaries, p. 33.] 

Upon the Petition of Richard Hazen Jun r & Ebenez r Eastman for 
themselves & in Behalfe of sundry others of the orriginall Inhabit- 



BOUNDARY LINE PAPERS. 209 

ants & Proprietors of said Town of Haverill : Praying that y e Line 
Between the Provinces May be Setled &c a 

Upon which tis voted That Nathaniell Weare Esq r and Cap t Josh- 
ua Pierce be a Comittee of this house to Joyne with such as the hon ble 
Board Shall Appoint to take into Consideration the said Petition : 
and alsoe the vote of the Gen 11 Court of the Mass a That was voted 
in Answer to a Petition from the same ^sons relating to the Setlem* 
of the line between the Provinces & Make report thereof unto the 
Gen 11 Assembly 

Aprill y e 30 th 1729 James Jeffry Cl r Ass m 

In Coun 1 Eod die 

Read and Concurr'd and ordered that M r Walton & M r Odiorne 
Joyn w th the Gent" above for y e Service above 

R Waldron Cler Con 
^9 Stevens & Sanburn 



\_Report of Committee on Petition of Eastman and Hazze?i, 1729.] 
[Mss. Prov. Boundaries, p. 34.] 

Whereas the Petition of Ebenez r Eastman & Richard Hazen Jun r , 
in the Behalfe of themselves & Several others of Haverill setting 
forth the Difficulties they Labored under by Reason of the Disputs 
and uncertainty of the lines of the two Provinces & that the Gover- 
ment of the Massachusets has Chosen a Comittee to Joyne with a 
Committee w ch Might be Chosen in this Province to meet & Consider 
and Settle &c a . 

The Consideration of the premises Relating to said Petition being 
Refer'd to us the subscribers as a Comittee wee Make our Return as 
f olloweth — viz 1 

That as to the lands which they set forth their long Possess" which 
they have had wee are of Opinion that the Comon law Must Decide 
that which supports Every Mans Right in his Property : And as to 
Chuseing a Committe to Joyn with the Comittee from the Massa- 
chusets : Wee have submitted that Matter to the King & hope his 
Maj tie will in a Short time Settle it — 

And for the present it would be fruitless for us to Meet for there 
has been Severall Comittees Appointed But Could Never agree where 
to take their Departure to run the West line and altho their own 
Charter is in Plaine Words with Latitude & Longitude : yet they In- 



2IO PROVINCE OF NEW HAMPSHIRE. 

sist on a Crooked line : & unless they will perfix the Certaine Place 
where to begin, & so Run a West line wee supose it not agreeable to 
their Charter : And wee are of opinion that the place which was the 
Intent & Meaning of y e Charter to begin on the North side of Mer- 
rimack River by the Sea & run three Miles North & then a West line 
& if they will Comply with that ; That then there be a Comittee of 
this Province chosen to Joyn with their Comittee to Run said line & 
That line to stand till his Maj ties Pleasure be known 
May 2 d 1729 Sha d Walton > 

Jotham Odiorne ! Comittee 
Nath a Weare f <- omittee 
Josh : Peirce J 

In the house of Representatives 

the within Return was Read and Voted that it be accepted & Sent 
up for Concurrence — 

May the 2 d 1729 James Jeffry Ci r Ass m 

In Coun 1 Eod die 

Read and Concurrd R Waldron Cler Con 



\_N. H. Committee to Run Line, 1729.] 
[Mss. Prov. Boundaries, p. 41.] 

In the house of Representatives 

voted That Nath 1 Weare & Theo : Atkinson Esq rs and Cap 1 Joshua 
Pierce be of the Comittee from this house to Joyn w th a Comittee of 
the upper house to meet the Comittee that may be appointed by the 
Province of the Mass a Bay to run y e West line from three miles to 
the Northward of the Mouth of Merrymack River and to run as far 
West for the ^sent as the Town of Dunstable the West side the 
River that runs Down into Merrymack 

May 15 th 1729 James Jeffry Cl r Ass m 

In Coun 1 Eod die 

Read and Concurr'd & Mess rs Walton Jaffrey & Frost appointed to 
Joyn w th y e Gen 1 above for y e Service above 

M r Peirce R Waldron Cler Con 



BOUNDARY LINE PAPERS. 211 

[N. H. Vote about Choosing Commissioners, 1730.] 
[Mss. Prov. Boundaries, p. 40.] 

In the house of Representatives 

Whereas his Maj tie hath by his 77 th Instruction to his Excell cie Gov r 
Belcher, Directed to the Choice of some Discreet and Indifferent per- 
sons out of some of the Neighbouring Collonies under his Maj ties Ime- 
diate Goverment who are to be Invested with Sufficient powers to 
Draw the Dividing Lines & to Determine the Dispute Between this 
Province & the Province of the Massachusets. — 

Voted / That this house in Obedience to the said Instruction & his 
Excell ces Proposall thereon : will Make Choice of three such persons 
as therein are Directed to : in Case the Massachusets Goverment will 
do the like in order to have the lines Drawn, and an End made to the 
sd Dispute as soone as possible — 

August 31 : 1730/ James Jeffry Cl r Ass m 

In Coun 1 Eod die 

Read and Concurr'cl R Waldron Cler Con 



\N. H. Act of Authority to Commissioners, 1730.] 
[Mss. Prov. Boundaries, p. 42.] 

nyr TT r [in the house of Representatives. 

Whereas his Excellencie our Gov r hath been pleasd to Lay before 
this house his Maj ties yj xh Instruction in Relation to the Boundaries of 
this Province and the Province of the Mass a Wherein tis recomended 
that Each Goverment Choose Discreet and Indifferent ^sons out of 
the Neighboring Collonys under his Imediat Goverment with suffi- 
cient powers to Draw the said Boundary line and finally to Deter- 
mine y e Dispute Between the Two Provinces whose proceedings 
therein are to be laid before his Maj tie and be of None Effect till his 
Maj ties Pleasure shall be known Thereon 

Voted/ Now in Compliance with his Maj ties said Instruction and 
that the Ends therein Proposed may be answered being so wisely Pro- 
jected ; and whereas the Province of the Mass 3 has Chosen three men 
to be a Committee for them on that affaire : Wee conceive if wee 



212 PROVINCE OF NEW HAMPSHIRE. 

should Choose three men alsoe to Joyn with them ; there Might many 
Inconveniences arise. Therefore wee humbly presume that three 
Gen 1 of sincerity & Wisdome may be sufficient to Determine the 
same : And as the honb le Adolph Phillips Esq r of New York was pro- 
posed to be Chosen by this Government at the Last Sessions and 
since that the Province of the Mass a has made Choice of him : And 
he being a man so agreeable to his Maj ties Instructions : and Desier- 
able by us of New hampshire Wee likewise Make Choice of him 

and as the Province of the Mass a has already Made Choice of the 
Hon ble Joseph Talcut Esq r Govornor of Connecticut for one : Wee Do 
Make Choice of the Hon ble Joseph Jenks Esq r Govornor of Rhoad 
Island for another : and these three ^sons to be Comiss rs to Come 
upon the spot & to setle the lines to all Intents and purposes accord- 
ing to the Intent of the said Instruction : and they are hereby fully 
Impowred to Determine the same so far as this Province is con- 
cern 'd : And voted alsoe that there be a Committee appointed from 
this Province to Joyn with as Many to be Appointed by the Gover- 
ment of the Mass a to signifie to the above Gen 1 That they are so 
Chosen for the Purposes & Ends affore said : And Pray their accept- 
ance and if any of the above said Three Gen 1 shall not accept or thro 
some unforeseen Accident shall not be able to Come Then the Gen 1 
Chosen by this Goverment to signifie to the above Gen 1 that they 
are Chosen : are hereby fully Impowered to Make Choice of a Prop- 
per ^son in the Roome and Stead of Govornor Jenks in Case he do 
not accept or Cannot Come ; and the Gen 1 Chosen by the Mass a for 
the like End : to do the like in Case it shall so happen with Govor- 
nor Talcut ; And if the Hon ble Adolph Phillips Do not accept or 
should be prevented Comming : That then both the Comittees Last 
appointed by the Goverment 3 shall Make Choice of a Propper ^son 
in his stead ; and then these Commiss rs to have the full power as the 
^sons first Chosen to all Intents and purposes : Provided alwayes 
that the Mass a Goverment agree to the above choice in the manner 
above : And that as well the Northern Boundary line between this 
Province and the Late Province of Maine be settled by y e same Corn- 
miss 1 " 5 as the southern line Next the Mass a 

9 r the 24 th 1730 — James Jeffry Cl r Ass m 

In Coun 1 Read and Concurrd R Waldron Cler Con 

I Assent To The foregoing Vote J Belcher 

[An Act to the above effect may be found in Prov. Boundaries, p. 
46. Ed.] 



BOUNDARY LINE PAPERS. 213 

[Mass. Act of Authority to Commissioners, 1 730/1.] 
[Mss. Prov. Boundaries, pp. 36-39.] 

Anno Regni Regis Georgii Secundi Magnae Brittaniae &c Quarto. 

An Act made and pass'd at the Great and General Court or Assem- 
bly of His Majesties Province of the Massachusets Bay in New 
England begun and held at Boston upon Wednesday the tenth day 
of February 1 730. — 

An Act fully impowering commissioners to determine the bounds 
between this His Majesties Province of the Massachusetts Bay, and 
the Province of New Hampshire 

Whereas the Grants or charters whereby the Inhabitants of the 
Province of the Massachusets Bay hold their lands, declare the 
northern bounds to be three miles to the northward of Monomack 
alias Merrimack river, and of every part thereof, as may more fully 
appear by the said Grants or Charters &c. Concerning which north- 
ern line there hath been a controversy for many years past, between 
the Inhabitants of the s d Massachusets, and the Inhabitants of the 
Province of new hampshire ; which hath occasioned much disquiet 
and great charge and expence in many Law suits ; and the Contro- 
versy still lyes open notwithstanding some former attempts for an 
amicable decision And Whereas His Majesty hath in his great 
goodness been pleased to signify to both Governments his pleasure 
respecting the afores d controversy, and recommended the peaceable 
adjustment thereof — This Court being willing and desirous that a 
full issue may be put to all disputes and no more controversy arise 
respecting the aforesd boundary line, but that the same may be abso- 
lutely fixed, and ever remain indisputable. 

Be it enacted by his Excellency the Governor, Council and Repre- 
sentatives in General Court assembled, and by the Authority of the 
same, That the Honorable Joseph Talcott Esq r Governor of the Col- 
ony of Connecticut, the Honorable Joseph Jenks Esq r Governor of 
the Colony of Rhode Island, and the Honorable Adolph Phillips of 
the Colony of New York Esq 1 " be and hereby are fully Authorized 
and impowered, after having heard the proofs, pleas, arguments and 
Records that may be produced by the Committee to be appointed for 
that purpose in favour of either of the Provinces, at such time & 
place at or near the Lands controverted, as they the aforesd Joseph 
Talcott Joseph Jenks & Adolph Phillips, or any two of them shall 
appoint finally to agree and determine where the boundary line shall 
be drawn, Provided that no particular persons property shall be af- 



214 PROVINXE OF NEW HAMPSHIRE. 

fected or in any wise prejudiced for or by reason of the boundary 
being fixed and setled as aforesd — 

And be it further Enacted That it shall be in the power of the 
aforesd Joseph Talcott Joseph Jenks and Adolph Phillips to order an 
Equivalent to be given and received by each Government in lieu of 
such lands as either of the Governments are in the possession or im- 
provement of, by virtue of any Antient Grants or Patents, as the 
said Commissioners shall Judge reasonable such lands falling by the 
settlement of the Line without the Government that granted them — 
And Whereas the Government of New Hampshire very lately sug- 
gested, That there is some controversy relating to the boundary Line 
between that province and the late Province of Mayn, now part of 
the Massachusets province which the s d province of the Massachu- 
sets held originally by purchase from the Assign of S r Fardinando 
Gorge This Government also are willing that the Boundary Line 
between the late Province of Main & New hampshire Province 
should be made certain determined and fixed by the aforesd Joseph 
Talcott Joseph Jenks and Adolph Phillips in the same way. and on 
the same Conditions and proviso's upon which the other Boundary is 
or may be agreed Provided their determination and Decision shall be 
by them reduced to writing under their hands and seals, or any two 
of them provided also, that in case it shall happen that any one of the 
aforesd three Gentlemen should not appear to undertake & perform 
the business hereby committed to them, That then the persons ap- 
pointed a Committee on the behalf of each Government to attend 
the Commissioners as aforesd or the major part of s d Committees 
agreeing shall choose one other meet person to joyn the other two 
commissioners in ordering setling & determining the aforesd boun- 
daries ; And in Case the persons appointed on behalf of each Gov- 
ernment shall not agree upon a third Person, That then the two 
Commissioners that may appear shall have full power & authority to 
make choice of a third person, and in Case it shall so happen, that 
the two commissioners should not agree upon a third person to Joyn 
them in this affair, That then his Excellency Jonathan Belcher Esq r 
his Majesties Governor in chief over both provinces be requested & 
hereby is fully authorized & Impowered to nominate & appoint a dis- 
creet indifferent person to joyn with the aforesd two present Com- 
missioners, and the person so chosen either by the persons appointed 
for & on behalf of each Government, the two commissioners, or by 
his Excellency the Governor, shall have as full and ample authority 
to all Intents as the Commissioner that was first appointed, and may 
happen to be absent, could have had, or ought to have, if he were 
present 






BOUNDARY LINE PAPERS. 21 5 

Be it further Enacted That Edmund Quincy Elisha Cooke William 
Dudley Benjamin Lynde Jun 1 ' Esq rs and M r Samuel Welles be a 
Committee for and on behalf of this Government to appear at the 
time & place to be appointed by the aforesd three Commissioners to 
produce and enforce the proofs Arguments and allegations that may 
be advanced to maintain this Governments right in holding and en- 
joying the land possessed or claimed by them — Provided also that 
the Government of the province of New Hampshire pass an act in 
substance like this. — 

Provided always That the Agreement, final issue and determina- 
tion of the Boundaries before in this Act mentioned shall be com- 
pleat reduced to writing under the hands and seals of the aforesd 
three Commissioners or any two of them, the whole being present at 
the hearing of the proofs pleas & allegations of the aforesd Commit- 
tees on or before the last day of November next — And Duplicates 
sealed up, put into the hands of the Committee of each Government 
appointed to Attend the aforesd Commissioners or such of them, as 
the respective Committees shall appoint — The charge and expence 
that may arise in effecting this affair shall be born and discharged by 
each Government in equal halves. — 

Copy Examined ^ J Willard Sec'ry. 



\_MassacJinsetts Committee to Attend Commissioners, 1 73 1.] 

[Mass. Archives, Vol. 5, p. 6.] 

Anno Regni Regis Georgii Secundi Magnae Brittanniae &c quarto. 

At a Great and General Court or Assembly for His Majestys Prov- 
ince of the Massachusets Bay in New England begun and held at 
Boston upon Wednesday the tenth of February 1730 being Convened 
by His Majestys Writs. 

March 27 th 173 1, In the House of Representatives ordered That 
m r Cooke, m r Welles, and m r Lynde, with such as the honourable 
Board shall appoint, be the Committee to Attend upon the Commis- 
sioners appointed for the Setlement of the boundary lines between 
this Province and the Province of New Hampshire. 

In Council Read and Concur'd, and Edmund Quincy and William 
Dudley Esq rs are joyned in the affair. 



2l6 PROVINXE OF NEW HAMPSHIRE. 

[Massachusetts Committee Appointed to Agree with New Hampshire 
on Draft of Bill, 1 73 1 . ] 

[Mass. Archives, Vol. 5, p. 7.] 
Anno Regni Regis Georgii Secundi Magnae Brittanniae &c quarto — 

At a Great and General Court or Assembly for His Majestys Prov- 
ince of the Massachusets Bay in New England begun and held at 
Boston upon Wednsday the twenty sixth of May 1731 being con- 
vened by His Majestys writs. 

June 3 rd 1 73 1, In Council, ordered, That Edmund Quincy and 
William Dudley Esq rs with such as shall be joyned by the honourable 
House be a Committee for and in behalf of this Court to meet a 
Committee of the Government of New-hampshire at Newbury on 
the twenty second instant if this Courts sitting do not prevent them ; 
and if so the Committee to give seasonable Notice to the Gentlemen 
of New-Hampshire when they will meet them/ in order to agree up- 
on a Draught of a Bill to impower Commissioners to setle the boun- 
dary line between the two Provinces ; and that Paul Dudley and 
Samuel Thaxter Esq rs with such as shall be joyned by the honourable 
House be a Committee to prepare a Draught of Instructions for the 
Direction of the Committee beforementioned in the affair. 

In the House of Representatives Read and Concurd, and or- 
dered, That Elisha Cook, Benjamin Lynde Jun r Esq rs and m r Samuel 
Welles be joyned with the Gentlemen of the Board before named 
appointed for the Draught of a Bill, and John Stoddard Esq r , m r 
Thomas dishing, and m r Elisha Bysby for the Draught of Instruc- 
tions. 

Consented to. J Belcher. 



[iV. H. Vote and Amendments, 173 1.] 
[Mss. Prov. Boundaries, p. 50.] 

May the 6 th 1730/ In the house of Representativs. 
Whereas upon Reading a Transcript of the act of the Great and 
Generall Court or Assembly of his Maj ties Province of y e Mass a Bay in 
New England Relating to the Boundary lines of that Province & the 
Province of New hampshire Made and Passed in Ye r 1731. Laid 
before this house by his Excellency Gov r Belcher. It is observed 



BOUNDARY LINE PAPERS. 21 7 

that the said act of the Mass a is not correspondent to the Intent of 
his Maj ties Instruction for Setling the Boundary lines — 

Therefore Voted That this house adhere to their act Made and 
passed in Newhampshire x r the third 1730, with these Amendments- 

Viz 1 1) Instead of the words (That then the affore said Commit- 
tee with the Committee to be chosen by the Mass a appoint another 
person in the Roome of the said M r Phillips) there be added : That 
in case the said M r Phillips do not accept (or cannot Come) That 
then his Excellency the Govornor of -New York be Desiered and 
fully Impowered to Appoint som Suitable fteon of that Goverment 
in the Room & Stead of the said M r Phillips — 

2) and that Instead of the words (by the Twenty fourth day of 
June next) It be Entred. by the Last day of September Next : and 
alsoe It be Entred that the Charges be Born by both provinces as 
the Comiss rs Shall adjudge : 

3) and that a Clause be added as in the Mass a act affore said that 
the Comiss rs Determination on the premises be Drawn up under hand 
and Seale & Duplicates given to Each of the said Comittees or such 
of them as shall by Each Comittee apponted to receive the same 

and that the act of this Province be Amended accordingly — 

James Jeffry Cl r Ass m 

In Coun 1 Eod die 

The Vote on the other Side read and nonconcured unanimously 
and Voted that a Committe of this Govern^ be chosen to meet a 
Committe of the Govern^ of the Mass a Bay (if they See meet to 
Chuse one) at Newbury or Ipswich to confer upon the Acts which 
have been already pass'd in Either Province in order to a Settlem* of 
the Divisional lines of the Said Provinces, & to project & agree upon 
Such a bill (to be Reported to Each Goverm 1 by the respective Com- 
mittees) as may (if possible) answer so desirable an end — And In 
Case the Governr* of the Mass a declines chusing a Committe as 
above, or if they should chuse, and the Committees should meet, but 
not agree, That Then His Excell cy The Gov r be earnestly requested 
to State y e Case to His Majesty, that It may be known at home how 
free and forward this Goverm 1 has been in paying a Dutiful regard to 
His Majestys Royal and Gracious Instruction relating to the above 
affair Rich d Waldron Sec r y 

May y e 6 th 1731 — In the house of Representatives 
the above vote of the Concill read and Nonconcurr'd and the house 
nemine contradicente adher's to the within vote — 

James Jeffry Cle r Ass m 

15 



2l8 PROVINCE OF NEW HAMPSHIRE. 

[Message of N. H. House to Council, 1 73 1.] 
[Mss. Prov. Boundaries, p. 52.] 

Whereas by the Verball Message Sent up to the board by Wear 
Peirce Atkinson & Clarkson Esq r Setting forth how unlkely the Pro- 
poseall made by his Excelency In his Message by M r Waldron for 
the Appointing Comittes by both Goverm ts was to Effect the Setlemt 
of the Lines for that Expedient haveing been Tryd & to No Effect 
& that this house Adheiredto their former Act with Such Amendm ts 
as was then Entred in the Vote of this house & that if the Council 
would not Concur with this Vote and Amendment that this house 
would pass no act nor order but what Should be Exactly conformable 
to his Maj ts Instruction to his Excelency on that head which in Con- 
disenton to his Excelencys recomendation this house in Some meas- 
ure diviated from notwithstanding which we finde it Ineffectuall & 
therefore haveing no hopes of its being Effected with out Application 
to his Maj ty In council & by the Encouragem 1 of Sund ry Persons 
Subscriptions for the Carrying on that affair this house tho* tis their 
Duty to See weither the Council would Joyn with them in the Ap- 
pointing an Agent to Lay the whole affair before the King In Coun- 
cil & in case the Councill Should See meet to Joyn with this house 
in this Affair we Should readyly convince them that we had the offer 
of A Private Subscription to the Value Two or three hund d pounds 
Sterling from the Members of this house from home this house De- 
sires no other Security then their own bill payable to Some Suitable 
Person in Great Brittain 

May 6 : 1731 James Jeffry Cle r Ass m 



\_Votc of N. H. Council about Subscriptions, 1 73 1 .] 
[Mss. Prov. Boundaries, p. 82.] 

In Coun 1 May 6 th 1731 

Whereas by a Verbal Message from the Assembly to the board 
by Mess rs Weare Peirce Atkinson & Clarkson It is declared to be the 
Sentiments of the House That The Settlem 1 of the Province line will 
never be adjusted but by His Majesty In Council, and Whereas It 
was moved To His Excell y & The board by the Gentlemen above 
named That an Agent may be Chosen To make Remonstrance of- 



BOUNDARY LINE PAPERS. 219 

the affair to His Majesty accordingly and further as the S d Gentle- 
men were pleased to represent that There are a Certain number of 
Persons that will subscribe Considerable Sums out of their own pri- 
vate purses for carrying on the affair, The Council desire to be in- 
formed who the Persons are that are so bountifully disposed, what 
Sums they will advance, & when It will be paid, & whether the House 
has yet gotten any Security for the Same, Also Expect The original 
Subscription's being laid upon the board in order to their passing 
upon the afores d Verbal message 

R Waldron Sec r y 



\New Hampshire Committee, 1731.] 
[Mss. Prov. Boundaries, p. 53.] 

In the House of Represen 5 

Whereas The General Assembly of This Province on the 3 d day 
of Decemb r last pass'd an Act for Settling the boundary lines be- 
tween this Province and the Mass a Bay, and Whereas The General 
Assemby of that Province have since done the like, a Copy whereof 
has been laid before us by His Excellency The Governor, by which 
it appears that the Two Goverments are yet at a very wide distance 
in relation to that affair, and there being no manner of likelihood that 
the difference will be accommodated unless by the means of a previ- 
ous Conferrence, and we being heartily and earnestly desirous to put 
an end to so unhappy a misunderstanding & willing to do every thing 
in our power to bring it to an amicable Issue, Do therefore Vote that 
a Committe be Forthw th chosen, to meet a Committee of the Gov- 
ern^ of the Mass a Bay at Newbury (if they see meet to Chuse one) 
on the 22 d of June next to treat w th each other & Try whether they 
can agree upon Such a draught of a bill (conformable to His Majes- 
tys Instructions) as may be agreeable to & pass'd upon by the Gen 1 
Assemblys of Each Province, & that y e Said Committes make their 
respective reports w th all Convenient dispatch, and That His Excel- 
lency the Gov r be desired, To Prorogue this Court when It rises to 
y e I st day of July next to receive y e S d report & to Act what is proper 
thereon, that the Controversy may be ended (if possible) by the first 
of November next and That Nath 1 Weare & Theo : Atkinson Esq rs 
be of the Committe from this House to Joyn w th Such as may be 
chosen by the board for the purposes before mention'd and y l the 
Treasurer suply the Committe w th Money for their Charges 

May 7 th 1731 James Jeffry Cle r Ass m 



220 PROVINCE OF NEW HAMPSHIRE. 

In Coun 1 Eod m die 

Read and Concurred and Geo: Jaffrey & Henry Sherb" Esq rs ap- 
pointed for the Service above R Waldron Secretary 
May 8 th 1731 I Assent to the foregoing Votes 

J Belcher 



[Letters from Elisha Cooke, of Mass. Committee, 1 731.] 
[Mss. Prov. Boundaries, p. 57.] 

Boston June 21 st 1731 

S r / yours of the 17 th Ins 1 I have before me & observed the Con- 
tents. I have Communicated the same to the house for their Direc- 
tions being but two of the Committee at Court this afternoone : How- 
ever the Committee from this Goverm 1 will meet the Committee of 
Newhampshire on Tuesday the Eleaventh of July Next at Newbury 
if the Gen 11 Ass m of your Province Impower yours to meet on that 
day — 

I am in all sincerity yo r obliged Humble Servant 

Elisha Cooke — 

Hon ble Geo : Jaffrey Esq r 

vera Copia James Jeffry Cle r Ass m 

July the 1-1731 In the house of Representatives — 

Boston June 15 th 1731 

Gen 1 on the second Ins 1 the Gen 11 Court appointed a Comittee to 
meet you at Newbury in order to agree upon the Draught of a Bill to 
Impower Commiss rs to Setle the Boundary line Between this Province 
and Newhampshire and in as much as the Court is sitting here and 
in all probability will not rise before the Time prefixed by your Court 
for the Comittees meeting at Newbury which was to have been on 
Tuesday Senett the Twenty Second Ins 1 It prevents this Courts Com- 
mittee Meeting you at that time as otherwise they would have Don 
as soone as the Sessions is at an End the Gen 1 will agree upon a Day 
when to Meet you at Newbury and will give you Seasonable Notice 
by an Express. 

The Messenger waits on you that the affaire may not Drop and so 
prevent an Amicable accommodation and put an End to a Long Con- 
tention I am Gen 1 your obliged humble Serv 1 — 

Elisha Cooke 



BOUNDARY LINE PAPERS. 221 

The Hon ble Geo : Jaffrey : Henry Sherburn Esq r Natha 11 Weare & 
Theo : Atkinson Esq rs 

Copia attest James Jeffry Cler Ass m 

In the house of Represen 1 July I st 1731 



\Proceedings of CoifJicil, 173 1. ] 
[Mss. Prov. Boundaries, p. 56.] 

Pro : of \ At a Gen 1 Assembly held at Portsmouth by Adjourn- 
N Hamp r J m* thursday July I st 1731 

Present In Coun 1 

His Hon r David Dunbar Esq r U Gov r 

Shad a Walton ^| Joth° Odiorne ) 

Geo: Jaffry >Esq rs Hen : Sherburne > Esq rs 

Rich d Wibird J Rich d Waldron J 

A message from His Hon r y e L* Gov r To the House of Represen 8 
by y e Sec ry to require their Attend ce at y e Council Board, The Speak r 
& House came up accordingly to whom His Hon r made a Speech & 
D d y e Same to the Speak 1 ' (at his request) & y n yy withdrew to y r 
own apart m 1 

A Message to the House by y e Sec 17 to recommend to y m y e re- 
vival of the Vote for a Committe to meet a Committee of y e Mass a at 
Newbury w th Sundry papers relating thereto. 

A Message to the House ^ y e Sec ry to inquire whether anything 
was like to come up to Night, y e Speak 1 " answered he tho't not. — 
Adj d til tomorrow 10 a Clock A : M : — 
Met according to Adjournm* fryday July 2 d 1731 
Present as Above — 

A Message to y e Board by Mess rs Jennis & M c Murphy w th a Vote 
for a new method for Settling y e Province line w ch was nonconcurrd 
& sent back by y e Sec ry together with a Vote of Coun 1 for reviving 
y e form r Vote w ch y e House nonconcurred & sent up by Mess rs Ste- 
vens & Thing who also bro't up a Vote that y e House adhered to 
their Vote sent up this day — a message from His Hon r y e L* Gov r to 
y e house by Col° Sherburn & y e Sec ry to Prorogue y e Gen 1 Assm y to 
y e first Wednesday of September next 



222 PROVINCE OF NEW HAMPSHIRE. 

[y. H. Vote in Regard to Committees, 1731.] 
[Mss. Prov. Boundaries, p. 58.] 

Province of 1 T , . , st m 
at u r > July the I st 1 73 1 

New hamps r j J 

Whereas the Gen 11 Assembly of this Province Did on the 7 th of 
May last past, Amongst other Votes Relating to the Boundary lines 
Between this Province and the Province of the Massachusets Bay 
pass a Vote Chusing & Enabling a Committee of this Province to 
meet a Committee That Should be appointed by the Great & Gen 11 
assembly of the Province of the Massachusets to Endeavor to Calcu- 
late an act to be passed by both Goverments in Order to adjust & 
Setle the Lines w ch said Committees were to meet at Newbury the 
22 d of June Last past and to Make Return to this assembly this day : 
since which the sd Comittee have not heard whether that Goverment 
hath proceeded to Chuse a Committee or not, But by Private letters 
are Informed that the said Committee could not then meet by which 
Delay the whole affair has fallen to the ground : and haveing his 
Excellencies Letter to the President of the Councill now before us 
Desiering that this house would pass a Vote Enabling a Committee 
of this Province to meet the Committee of that Province at Newbury 
the 13 th Curr 4 with a Direction to have the Gen 11 Assembly Prorouged 
to September Next, by which Delayes the setlement of the line can- 
not be finished this fall, all which is Contrary to the Interest of this 
his Maj ties Goverment : and the Intent of his Maj lies Instructions 

Wherefore In the house of Representatives 

Voted/ That this house do not think it for the Interest of the 
Province to Chuse a Committee, but to Com into som other Method 
and Represent the matter to the Court of Great Brittaine & shew 
how farr this Province have proceeded and Endeavored a peaceable 
Settlement of the said lines : and pray that his hon r the Liu 1 Gov r & 
the Board will Come into the same — 

James Jeffry Cle r Ass m 

In Coun 1 July 2 d 1731 

Read and Nonconcured — R Waldron Secretary 

f& Jennis & Macmurphy — 

In Coun 1 July 2 d 1731 

Ordered That The Vote of Gen 1 Assem>' made and past the 7 th of 
May 1 73 1 for appointing a Committe to meet a Committe of the 
Mass 3 At Newbury y e 22 d June be and hereby is revived & that the 



BOUNDARY LINE PAPERS. 223 

Committes meet any time between the 12 th of the Curr 1 month & the 
20 th of August next & that the Said Committes make their report to 
the Gen 1 Assemblys respectively at the first Sessions of the Said 
Assemblys after the Committes have met and Concluded upon the 
affair R Waldron Secretary 

Eod m Die : In the house of Representatives the above Read and 
nonconcurred — James Jeffry Cle r Ass m 

Eod m Die : In the house of Representatives 
voted/ That the house adher'd to their former vote — 

James Jeffry Cle r Ass m 



[Petition from N. H. Council, 1731.] 
[Mss. Prov. Boundaries, p. 61.] 

To the Right Hono ble the Lords Commissioners for Trade & Planta- 
tions. — 
May it please your Lordships — 

We the Subscribers, Members of His Majesty's Council, of the 
Assembly & other Inhabitants of this, His Majesty's Loyal & duti- 
full, tho Small & poor Province of New Hampshire in America, be- 
ing lately disappointed of an Opportunity of Addressing our most 
gracious King from the Representatives of our People in General 
Court Assembled, and Setting forth the Hardships we Suffer by the 
Dispute about the Lines between us and the Massachusetts Bay, This 
Disappointment being occasioned by a Sudain Prorogation after one 
Day's Sitting by our Leiu* Governour pursuant to Directions Sent 
from our Chief Governour from Boston, which was very Surprising 
to the House of Representatives here, who at the Instant of Proro- 
gation were preparing Such Address ; Do therefore most humbly 
pray to be permitted to lay our Said Hardships before Your Lord- 
ships. — 

When our present Chief Governour was pleas'd to communicate to 
us the Royal Instruction for Settling the Said Lines, we received 
them with all Thankfullness & Duty and immediately proceeded upon 
Naming our Commissioners in the very Manner prescribed in the In- 
structions, but our Choice not being approv'd by His Excellency, 
and very difficult to find others Qualified we readily came into other 
Measures to facilitate the Settlement of the Said Lines, as may ap- 
pear by attested Copies of the Proceedings thereupon. All which 



2 24 PROVINXE OF NEW HAMPSHIRE. 



proving ineffectual, and having too much Reason to believe That our 
Neighbours of the Massachusetts do not desire to have the Lines 
fix'd, because we apprehend That they are making Settlements, which 
will be deem'd far on our Side the Lines, and are frequently exercis- 
ing an Authority & Jurisdiction Nine, Ten & Eleven Miles to the 
Northward of Merrimack River, by Seizing & carrying away Some of 
our Inhabitants, Imprisoning, Sueing & fining them at their Courts, 
on the South Side of the Said River, to the great Damage & Discour- 
agement of many poor Families. — 

We therefore humbly pray Your Lordships Favour, That His Ma- 
jesty may be address'd to interpose and give His Royal Orders for 
Ascertaining & determining the Lines in Dispute, to which we Shall 
Chearfully Submit as we have always done to His Pleasure, Well 
knowing His Majesty can have no other Intentions, than the Well- 
fare, Prosperity & Ease of His Loyal Subjects — 

We further beg leave to represent to Your Lordships, That this 
Small Province labours under vast Disadvantages, by being under the 
Government of the Same Person with the Massachusetts, As that Prov- 
ince is very considerable in Respect to us, and the Gov rs Salary cheif- 
ly arising there : we have been deny'd & cannot at any Time reason- 
ably hope for his Assent to Some Acts which wou'd be beneficial to 
our Small Province, which if we were under a Seperate Gover r wou'd 
not be deny'd to us, and which might also enable us much better to 
pay the Salary which we have already, pursuant to His Majesty's In- 
struction Settled upon our Chief Gov r So as to enable a Gov r of our 
Own to Support the Rank. — 

If we might presume to beg this Favour of His Majesty, it wou'd 
be Such an Act of His Goodness as wou'd forever make His Mem- 
ory dear to our Posterity as His Royal Person is now to us. — 

To mention any other Grievance we feel we fear wou'd Render us 
too Troublesome to your Lordships and employ more of your pre- 
cious Time, Than our Proportion, and they are Such as might be ea- 
sily remedy'd here ; Several of our Towns are at this Time destitute 
of any Magistrate insomuch That a Constable has come to the Town 
of Portsmouth Thirty Eight Miles to be sworn into his office, and no 
Justice of Peace nearer to the Town he came from than Twenty 
three Miles ; This Misfortune we labour under by an unhappy Dis- 
pleasure conceiv'd against Some of us by our Chief Governour, as we 
apprehend Tho' we humbly are of Opinion without the least Grounds, 
We having not only comply'd with every Thing be ask'd of us in His 
Majesty's Name, Hut pass'd a Vote for paying him Six Months Sal- 
ary beforehand, whereby in Case of Death or Removal, we may be li- 
able to pay the Same or most Part thereof to His Successor. — 



BOUNDARY LINE PAPERS. 



225 



We take leave of your Lordships, praying an Answer to this Re- 
monstrance at your Leisure 

We are with all possible Respect 
Your Lordships most obedient & most humble Servants 
July y e 10 th 1 73 1. 

Jos h Peirce David Cargill 

J Bradford Josh : Peirce 

John Macmurphy Ge° Jaffrey 

Theodore Atkinson Benning Wentworth 

John Wentworth Joshua Peirce 



W m Brock 
Jn° Rindge 
Andrew Wiggin 
David Jeffries 
Tho : Packer 



[Mass. Committee Appointed, 1731.] 



[Mss. Prov. Boundaries, pp. 64-69.] 



In the House of Representatives July 28 th 1731. 



Province of the 
Massachusets Bay. 

Whereas His Excellency the Governour at his first Meeting of 
the General Court (after his arrival here) being the ninth of Septem- 
ber last, acquainted them, that His Most Gracious Majesty out 
of a tender Care for all His Subjects, had Directed him to propose to 
the General Assembly of this Province, and that of Newhampshire, a 
Method by His Majesty prescribed for the Amicable Adjustment of 
a long and unhappy Controversy, respecting the Boundarys of the 
Provinces, which he had communicated to that Government, and they 
expressed to him their readiness to bring the Affair to a Friendly is- 
sue : This Court, taking the same into due Consideration, and being 
sincerly desirous and willing that the Dispute might be adjusted, in 
the way and Method pointed out by His Majesty, speedily agreed 
upon a Scheme or Projection for effecting the same, which when laid 
before the General Assembly of New hampshire in December last, 
they would not conform thereto, but passed an Act Impowering Com- 
missioners to determin and put an end to these Disputes, provided 
this Government would pass an Act of the same kind ; which act of 
theirs being laid before this Court at their Session in the aforesaid 
Month of December was deemed in several respects insufficient, and 
for want of some necessary Proviso's it was apprehended the Commis- 
sioners would not be sufficiently Authorized and Impowered so justly 
to fix and Determin the Boundary line : To prevent therefore any 
such Inconvenience, and that no more Controversys might ever there- 



226 PROVINCE OF NEW HAMPSHIRE. 

after arise touching the Bounds of the Provinces this Court at a Ses- 
sion in February last, passed an Act fully Impowering Commission- 
ers to determine the afores d bounds, and made provision in several In- 
stances, as well as Authorized the Commissioners to Order Equiva- 
lents, if by them adjudged requisite, which Provision for Equivalents 
their General Assembly took no Notice of. — This act or Law was to 
remain firm and Stable forever provided they would come into an Act 
like to it in Substance, which that Government did not think fit to 
do, when the same was by them Considered at the Session of the 
General Assembly on the seventh of May last, but came into a Vote 
or Order appointing a Committee to meet and Confer with a Com- 
mittee from this Court at Newbury on the twenty second Of June 
last past, if this Court see meet to chuse one in order to agree upon 
a Draught of a Bill that might pass both Governments, directing 
both Committees to make their respective reports with all conven- 
ient speed, that so the Controversy might be Ended, if possible, by 
the first of November then next coming, And this Court being at their 
present Session, advised of the proceedings of the Government of 
New Hampshire from a Just regard to the lasting Peace and Tran- 
quility of the Provinces, and to avoid all future disquietudes and pre- 
.vent a needless Expence of Considerable sums of money and time in 
repeating Law Suits on this head; And that His Majesty's Subjects 
whose lands border on the Controverted line might live in ease and 
quiet, as others the Inhabitants of each Province, they on the second 
of June last, raised a Committee to meet a Committee of theirs at 
Newbury on the 22 d of said Month if this Court's sitting should not 
prevent them, but if so, seasonable Notice was to be given to the 
New-Hampshire Committee, and the time when they could meet 
them. — On the fifteenth of that Month this Court continuing to sit, 
a Letter was Expressed by a Messenger to their Committee advising 
them that the Courts sitting would forbid the Committee from hence 
meeting on the day prefixed, as likewise that they should be further 
notifyed in Season when this Governments Committee would meet 
them which was done by another Express of the 21 st of June wherein 
it was proposed to meet them at Newbury on the 13 th of July follow- 
ing : This Court being now further advised that the House of Repre- 
sentatives for the Province of New hampshire in General Assembly 
Convened on the first Instant came into a Vote or Order, first declar- 
ing what that Court had done respecting the Boundary line at their 
Session in May aforesaid, and that their Committee had not heard 
whether this Government had proceeded to chuse a Committee, or 
not, but by private Letters were Informed the Committee would not 
meet them, (tho both Expresses of the 15 th and 21 st of June reached 



BOUNDARY LINE PAPERS. 227 

the hands of their Committee seasonably, and were read in the As- 
sembly) they also make mention of a Letter from His Excellency to 
the President of their Council, which was then before them, desiring 
the House to pass a Vote to enable a Committee of that Province to 
meet at Newbury on the afores d thirteenth of this Instant with a di- 
rection to have the General Court prorogued to September next ; Al- 
tho at the same time his Excellency the Governour wrote to the Sec- 
retary of that Province on the 21 st of June, in which Letter is the fol- 
lowing Paragraph " This Assembly bejrig still like to sit some time, 
u the Committe here cannot meet the New hampshire Committee 
" about the line till the 13 th Prox : of which the Gentlemen here write 
" to yours by the Post, I have therefore wrote the President that 
" your Assembly must sit the first of next Month and vote to meet 
"this Committee according to time ; and allowing that their Commit- 
tee were not strictly speaking sufficiently notifyed of this Govern- 
ments proceeding on this Head ; yet will any one presume or Insinu- 
ate that their General Assembly were not well and Seasonably ad- 
vised even by Public Letters from their Governour to the President 
of their Council and Secretary of the Province as above, both which 

they had the full knowledge of That Assembly go on and say, by 

which delays the Setlement of th§ line cannot be finished this fall, 
and that such a procedure is Contrary to the Interest of that Gov- 
ernment, and the Intent of His Majesty's Instructions, that there- 
fore that House did not think it for the Interest of the Province to 
choose a Committee but to come into some other Method and repre- 
sent the matter to the Court of Great Britain and shew how far that 
Province had proceeded and Endeavoured a Peaceable Setlement of 
said lines, and prayed his Honour the Lieutenant Governour and the 
Board would come into the same, which the Council the day follow- 
ing Non Concurr'd and revived the Vote for appointing a Committee, 
which the Assembly non Concurr'd and adhered to y r former vote. 
Now Inasmuch as this Court humbly apprehend That His Majesty's 
Good and Gracious Design so wisely Calculated for the Peace and 
Tranquility of both Provinces would be Entirely perverted if either 
this, or the Government of New hampshire should defeat a Compro- 
misement of this affair, so much to be desired by such pretences and 
Excuses, as are advanced by the Assembly of New Hampshire, For 
that House had all the Assurances the Situation of the Public Affairs 
here would admit of, that nothing but the General Courts Continuing 
to sit would retard the Committee from hence meeting at Newbury, 
which will doubtless sufficiently plead for and Justify their non At- 
tendance at that time : Duty to His Majesty and their Countreys In- 
terest, requiring their attendance here ; Especially if it be Consid- 



228 PROVINCE OF NEW HAMPSHIRE. 

ered What short space of time it was further referr'd to ; as also the 
only Season of the year, for doing such business at so Great a dis- 
tance, and likewise the Month of November was as soon as they 
possibly expected the affair to be Ended. — 

To the End therefore, That it manifestly may appear, That as this 
Court from their being first apprized of the Gracious & good Intent 
of His Majesty, which when well Effected were well satisfyed would 
advance the Interest and growth of both Provinces, so they still re- 
main of the same belief and purpose, what in them lyes, strenuously 
to Endeavour that the resolutions heretofore taken for bringing that 
matter to a happy close might not be frustrated ; not in any measure 
moved or Excited hereto under an apprehension that the Govern- 
ment of Newhampshire can represent the matter to the Court of 
Great Britain in prejudice to this Province, by shewing forth any 
delays on the part of this Government attending the whole of the 
bussiness, altho the Assembly there adjudged that method advisable 
for them to pursue ; Do therefore order and Impower Edmund 
Ouincy, William Dudley, Elisha Cooke and Benjamin Lynde Jun r 
Esq rs and M r Samuel Wells, M r Elisha Bisby and M r Edward Shove 
(or a Major part of them) to be a Committee in behalf of this Gov- 
ernment to meet a Committee from the Government of Newhamp- 
shire at Newbury sometime in the month of September next as the 
Committee shall agree, then and there to Confer one with another 
respecting setling the Boundarys between the Provinces and agree 
upon the Draught of a Law, (if so they can) which both Govern- 
ments may come into for the full and final Setlement of the line in 
Peace. — And that it be a direction of the Committee on the behalf 
of this Province that Provision be made in such Bill that all such 
lands or Towns which either Government are in possession or Im- 
provement of by virtue of any Ancient Grants, be reserved to the 
Several Governments both as to Jurisdiction and property ; and that 
said Towns be particularly Enumerated in said Bill ; and that such 
Equivalent may be given and received respecting Property, as the 
Commissioners, who shall be Impowered to determine the Boun- 
dary line shall Judge reasonable./ — The Committee to report to this 
Court as soon as may be./ — 
August 17 th 1 73 1 

In the House of Representatives read & Concurr'd 
sent up for Concurrence Jn° Ouincy Sp r 

In Council August 17 th 1731 Read and Concurrd — 

Sam 1 Fyley ^ order of Council 
Aug 1 25 th 1 73 1 Consented to J Belcher 

A true Copy Examd %) J Willard Sec'ry 



BOUNDARY LINE PAPERS. 229 

\_N. H. Committee Appointed, 173 1 .] 
[Mss. Prov. Boundaries, p. 70.] 

In the House of Representatives 

Voted, That Natha 11 Weare & Theo : Atkinson, & Joshua Pierce 
Esq 1 " Be A Comittee of this House to joyn with Such as Shall be 
appointed by the Hon ble the Council to meet Comittee appointed by 
the massachusetts at Newbury on the Jo th Day of September Cur* 
there to conferr & See if they can calculate an Act to be passed by 
Both Governm ts in order to Settle the Boundary Lines between the 
Two Goverm ts & that the Comitte appointed by this Goverm 1 be In- 
structed Strictly to adhier to his Maj tes 77 th Instruction to his Excel- 
ency Govern 1 ' Belcher & Exactly to conform thereto in Every Article 
& that they do not repair to Newbury to meet the s d Comittee ap- 
pointed by the Massachusetts Untill they Shall be Apprized that the 
Massachusetts Goverm 1 have given the like Instructions to their Com- 
ittee Provided alsoe & it is the Intent of this house & tis hereby 
Voted Accordingly that in case the Massachusetts Governm* Should 
not give their S d Comittee Such Instruction as is before mentioned 
in Relation to his Maj ts 77 th Instruction or if it Should So happen 
that the Massachusetts Comittee Should not meet at the Time 
aboves d — or in case they Should not Agree upon the Draught 
of An Act according to the Above S d 77 th Instruction that then & in 
Such Case the Above mentioned Comittee from this Province be Im- 
powered & Directed to write to the Board of Trade giveing an Exact 
Acco* of the Proceedings of this Governm 1 from Time to Time & how 
far this Province hath Acceeded to the Settlem* of the S d Lines & to 
Transmitt authentick copies of All the Acts & Votes passed thereon 
& to pray their Lordships favorable Answer thereto & that his Ex- 
celency Be Desired to forward Duplicates thereof. — 

7 r the 16. 1 73 1 James Jeffry Cle r Ass m 

Sent up f Clarkson & M c Murphee — 



[Vote of N. H. Council, 1 73 1.] 

[Mss. Prov. Boundaries, p. 71.] 
In Council Sep 1 18 th 1731 — 

Voted That a Committe of both Houses be appointed to meet a 
Committe of the Goverment of the Mass a at Newbury any time 



23O PROVINXE OF NEW HAMPSHIRE. 

between the date of these Presents, and the twelfth day of October 
next to confer & try whether they can agree upon a bill, to be En- 
acted by both Goverments in order to Settle the divisional lines of the 
Two Provinces, and that the Committe of this Province Strictly ad- 
here to His Maj tys yy xh Instruction to His Excellency the Gov r but 
that they do not proceed to Newbury, til they hear the Goverm 1 of 
the Mass a has given direction to their Committe to Conform their 
draught to the Royal Instruction in that regard made and provided. 
— but In Case The Goverment of the Mass a should not see meet to 
give Such directions to their Committe or if the Committes should 
not meet, or meet, & not agree, That Then the Committe of this 
Province do forthw th prepare Copys of all the Acts & Votes (pass'd 
on either Side) and put them into His Excellency's hands, who is 
hereby humbly requested to transmit the same to His Grace the 
Duke of New-Castle, one of His Majesty's principal Secretarys of 
State, and Duplicates thereof, to the Right Hon ble the L dds Commis- 
sioners for trade & Plantations and further That His Excellency be 
desired to make a favourable representation of the affair To His 
Grace, and the Right Hon ble the L dds Commissioners aforesaid 

Sent down for Concurrence R Waldron Sec ry — 

In the house of Representatives J x the 20 th 1731 

the above vote Read and nonconcurr'd and that the house adher'd 
to their former vote — 

James Jeffry Cle r Ass m 



{Vote of N. H. House, 1731.] 
[Mss. Prov. Boundaries, p. 74.] 

In the house of Representatives. 
Voted/ That Whereas Nathaniell Weare : Theodore Atkinson & 
Joshua Pierce Esq rs are Chosen a Committee of this house to Joyne 
with such as shall be chosen by the Council to meet a Committee to 
be appointed by the Mass a at Newbury to see if they can Calculate 
an act according to his Maj ties Instructions for Setling the Boundary 
Lines between the Two Goverments and in Case they cannot agree 
Then the said Committee to Represent the affaire at home by Send- 
ing authentick Copies of all the Votes and acts & c that have passed 
in this Goverment thereon, Now that the Assembly may be Apprized 
of what the said Committee Shall write Voted that the said Commit- 
tee do not write any thing as from this Goverment but what Shall 



BOUNDARY LINE PAPERS. 23 I 

first be read & allowed of by this house : and that his Excellency be 
Desiered to adjourn this Generall Assembly to some time in October 
Next to receive the said Committees Report that so they May have 
an oppertunity to act thereon — 

7 r the 21-1731 James Jaffry Cle r Ass m 

In Coun 1 Eod die 

Read and Non-Concurr'd R Waldron 



{Report of N. H. Committee, 1731.] 
[Mss. Prov. Boundaries, p. 75.] 

Pursuant to a Vote of General Assembly made and pass'd Septem- 
ber 25 th 1 73 1 We the Subscribers met a Committee of the Massachu- 
sets at Newbury the 30 th of the Said month, To try whether we 
could agree upon a Preliminary Bill for Settling the divisional lines 
of this and that Province ; But to no purpose, For the Instructions 
which the General Assembly of that Province had given their Com- 
mittee, were much Straiter and more against the interest of New- 
Hampshire than the Act which that Goverment passed the 10th of 
february 1730 which the General Assembly of this Province could by 
no means agree to ; For in the Said Instructions The Massachusets 
Committee are directed that Provision be made in the Bill that all 
Such lands or Towns which Either Goverment are in possession or 
improvment of by Virtue of any ancient grants be reserved to the 
Several Goverments both as to Jurisdiction and property, which 
if agreed to would bring the dividing boundary (according to our 
understanding) at least eleven miles and three quarters to the north- 
ward of Merimack instead of three miles, which We utterly refused 
to comply with, especially as to Jurisdiction, insisting that the line 
which the Commissioners should fix three miles to the northward of 
Merimack River according to the intent of their Charter, Should be 
the boundary as to Jurisdiction whatever we might consent to in 
respect of Property. — 

Then those Gentlemen told us they could act no further as a Com- 
mittee for as they had particular directions they were Obliged to con- 
form to 'Em : However they proposed that as they and We were 
Members of the General Assemblys of the Two Provinces (laying the 
matter of Jurisdiction aside) to try whether we could agree with 
respect to property & equivalents upon which we offer'd to their Con- 
sideration the giving and receiving equivalents for all Such lands as 



232 PROVIN'CE OF NEW HAMPSHIRE. 

had been improved within fence twelve years by planting Sowing or 
mowing — Provided Such land had been granted by the Town in 
which It lay and the grant and return of laying out fairly entered in 
the Town book ten years ; Who in reply thereto told us, they could 
not think what we had offer'd any way reasonable w ch Concluded our 
Conference. 

October 6 th 1731 — Benj a Gambling 

Hen Sherburne Nath 11 Weare 

R Waldron Theodore Atkinson 

October the 7 th 1731 In the house of Represent 
the above Return Read & accept d James Jeffry Cle r Ass m 



\_Proceedings of Council, 173 1.] 
[Mss. Prov. Boundaries, p. 72.] 

Pro: of ) At a General Assembly held at Portsmouth by Proroga- 
N-Hamp r j tion Oct 1 * 6 1731 — 

Present 
The Hon ble Shad a Walton Esq r President 
Geo: Jaffry ) p Henry Sherburne j p 

R Wibird j ^ Sq R Waldron ( nsq 

Benj a Gambling Esq r 
The Gentlemen that went to Newbury upon the affair of the Prov- 
ince lines haveing Sign'd a report of What pass'd there the Same 
was laid before the Board by Henry Sherburn Esq r and George Jaf- 
frey Esq r likewise reported to the Council the Draught of a represen- 
tation to be made to His Grace y e Duke of New-Castle relating to the 
Said lines both which were read and sent down to the House *§ y e 
Sec r y 

Adj d til tomorrow 10 o'Clock A M 

Pro: N-Hamp r Met according to Adjournm* 8 br 7: 1731 
Present as Before 

A Message to the House by the Sec rv to desire y e representation 
Sent down yesterday might be return'd to y e Board, whereupon y e 
same was brot up by Mr Atkinson, and then It was read a Second 
time at the Board & Voted to be Accepted & Sent down again for 
Concurrence. — 



BOUNDARY LINE PAPERS. 233 

A Message to the Board by Several Members of y e House w th a 
Vote of the House for an Agent, and likewise a list of Acts & Votes 
voted to be sent the Secretary of State, y e former of which The Coun- 
cil did not think proper to Act upon, The latter the Concurr'd w th 
amendm ts & Sent it down by y e Sec ry 

A Message to the Board by Two Members of the House w th the 
Newbury Report voted to be Accepted, and the Vote of Council 
upon the representations, beforementiond concur'd But the Amend- 
m l of the Council upon their Vote relating to the List of Acts & 
Votes nonconcurrcl, & a Vote of adherence to their former Vote. — 

A Message to The House from the President by the Sec ry to de- 
clare the Prorog a of the Gen 1 Assem y there to y e 25 feb ry next Pursu- 
ant to His Excell cy the Gov rs order w ch was done Accordingly 



[Appointment of John Rindge, by House, 1731.] 
[Mss. Prov. Boundaries, p. J%.~\ 

In the House of Representatives 

Whereas the Vote of this House of this Day for Appointing Cap 1 
John Rindge Agent for this Governm 1 as far as this house could Im- 
power him was Sent up to the Council for their Concurrence & Ap- 
probation this house haveing not heard weither the Council will Joyn 
in that affair with this house or not & that the Matter might not fall 
to the Ground Voted that the S d Rindge be Impowerd by this House 
as their Agent & be Invested with the Powers in S d Vote Mentioned 
& for the Ends therein mentioned 

8 r the 7 th 1 73 1 — James Jeffry Cl r Ass m 

Natt 1 Weare Esq r Maj r Bar 1 Thing 

Cap 1 Millet M r Benj Thing 

Maj r Jo Wingate Cor 11 Paul Gerrish Esq r 

Enters their Discents ag 1 the above Vote 
these Descents paid for all by M r Bar 1 Thing 



\_Governor Belcher to Lords of Trade, 1732/3.] 
[Mass. Archives, Vol. 52, p. 418.] 
My Lords 

Altho' I have wrote you *$ this Conveyance of 5, 8, & 12, Inst 1 — 
Yet the Ship being detained, I think it my Duty to Say to your Lord- 



234 PROVINCE OF NEW HAMPSHIRE. 

ships, That I have taken all possible Care & Pains, ever since my 
Arrival, To have the long contested Boundaries betwixt the Massa- 
chusetts & New Hampshire adjusted, according to His Majesty's 
Royal Orders to me, But I can See no Prospect of it's being accom- 
plisht ; And the poor Borderers on the Lines (If your Lordships will 
allow me So vulgar an Expression) live like Toads under a Harrow, 
Being run into Goals on the one Side & the other, as often as they 
please to quarrel, Such is the Condition of His Majesty's Subjects 
that live near the Lines — They will pull down one anothers Houses, 
often wound each other, and I fear it will end in Bloodshed, Unless 
His Majesty, in His great Goodness, give Some effectual Order to 
have the Bounds fixt. — Altho ; my Lords, I am a Massachusetts 
Man, Yet I think this Province alone is culpable on this Head, N: 
Hampshire has all along been frank & ready to pay exact Duty & Obe- 
dience to the King's Order, and have manifested a great Inclination 
to Peace & good Neighbourhood, But in Return the Massachusetts 
Province have thrown unreasonable Obstacles in the Way of any Set- 
tlement, and altho' they have for 2 or 3 years past been making offers 
to Settle the Boundaries with New York & Rhoad Island in an open, 
easy amicable way. Yet when they come to Settle with N: Hamp- 
shire, They will not do So with them — Which seems to me a plain 
Argument that the leading men of the Massachusetts Assembly are 
Conscious to themselves of continual Incroachments they are making 
upon their Neighbours of New Hampshire & So dare not come To a 
Settlement — I Say, My Lords, in Duty to the King, and from a just 
Care of His Subjects of N evv Hampshire, I think myself oblig'dto Set 
this Matter in this Light I now do, nor do I ever expect to See it 
Settled but by a peremptory order from His Majesty, appointing 
Commissioners to do it, And those agreed to by both Assemblies 
Feb 17 1 730/ 1. 

Joseph Talcott Esq r , Gov r of Connecticutt. 
Joseph Jenks Esq 1 ', Then Gov r of Rhoad Island 
&, Adolph Philips Esq r , Speaker of the Assembly at N : York, 
are Gentlemen of good Ability & Integrity, and altho' the Massa- 
chus lts I fear, will still decline joining in the Affair, Yet I believe New 
Hampshire from their desire to Peace & good Order wou'd rejoyce to 
See Such a Direction from the King, and be glad to be at the whole 
Charge rather than the Dispute Shou'd Still continue. I therefore 
humbly pray your Lordships So to represent this Affair to His Ma- 
jesty, That there may be an End of Strife & Contention. 

And if your Lordships approve of the Bill I now Send you for 
Emitting Bills of Credit on a Foundation of Gold & Silver, and that 
I may have His Majesty's Leave for doing it in the Massachusetts, I 



BOUNDARY LINE PAPERS. 



235 



pray I may also have the Same Liberty of doing it in N : Hampshire, 
where they are in great Distress for Something to pass in Lieu of 
Money, and without Speedy Help it will be almost impossible for that 
little Province to Support any Trade. — 

I have the Honour to be with all possible Esteem & Respect My 
Lords 

Your Lordships, most obedient & most humble Servant 

Boston Janu a 13 : 1732/3 J : Belcher 

Lords of Trade 



[Petition of John Rindge, Agent for New Hampshire, to the King, 

I732-33-] 

[Mass. Archives, Vol. 5, pp. 9-45.] 
To the King's most Excellent Majesty in Council 

The humble Petition of John Rindge of Your Majesty's Province 
of New Hampshire in America Esq r Sheweth 

That Your Majesty's said Province of New Hampshire is under 
the immediate Government of Your Majesty, and the Inhabitants 
thereof, from their first Settlement to this day, have at great Expence 
of Blood and Treasure defended the Same against the Incursions of 
the Savage Natives as well as of the French in support of your Ma- 
jesty's Dominion and have constantly shewn the utmost Duty and 
Loyalty to Your Majesty and Your Royal Ancestors and comply'd 
with the Royal Instructions in every respect. 

That your said Province is very Small, and was and is bounded (to 
the South) by the Charter Government or large Province of the Mas- 
sachusets, and (on the other Side) by the Province of Maine, which 
Province of Maine, since the Year 1691, is become a part also of the 
said Great Province of the Massachusets, so that the said Province of 
the Massachusets Extends now and ever since 1691 has Extended on 
both sides Your Majesty's said little Province of New Hampshire. 

That Your said Province of New Hampshire being inclosed (as it 
were) between the Several parts of the Province of the Massachusets 
is daily encroach'd and usurped upon by its populous and powerfull 
Neighbours of the Massachusets both in matter of property and Gov- 
ernm 1 and without Your Majesty's Gracious Interposition will soon be 
absorbed and Lost as well in disherison of Your Majesty's Crown as 
to the utter ruin of Your faithfull Subjects and Tenants in new 
Hampshire who hold immediately of and under Your Majesty. 



236 PROVINCE OF NEW HAMPSHIRE. 

That Your said Province in New Hampshire never had any Char- 
ter but hath ever since the Year 1679 Dee11 governed by Commis- 
sions granted by the Crown from time to time And all the grants for 
the Towns in the said Province have been made under and by Virtue 
of such Commissions And the most Considerable Towns settled in 
the said Province are call'd by the names of Dover Portsmouth Exe- 
ter Hampton Kingston and Londonderry. 

That during the Reign of His late Majesty King William the In- 
dian Warr and the French Warr interrupted the making many New 
Settlements but the several Townships in New Hampshire (as well 
as in the Massachusets) made Grants of particular parts of their Lands 
to their respective Inhabitants. 

That the Townships of Salisbury, Almesbury and Havarill, three 
Towns Scituated on the North side of the River Merrimack and 
Claimed by the Province of Massachusets And also the Townships 
of Hampton Kingston and Londonderry (which are Scituated more 
Northerly than the said three last mentioned Towns and are within 
the said Province of New Hampshire) having each of them granted 
to their respective Inhabitants Several parcels, perhaps of the very 
Same Lands as each supposed they had or at least claim'd a right to 
do, it so happen'd, that when the Grantees under the said respective 
Townships endeavoured in peaceable times to Settle the Same, many 
Disputes and Contentions arose as to the matter of Title or property 
but which were determined by the Courts in the Massachusets in 
their own favour, And one Special Circumstance which guided and 
affected the said disputes and in effect determin'd them was that the 
people of the Massachusets being much more numerous than those of 
New Hampshire (at least as forty to one) would rate, assess and tax 
the persons who were Settled really within the Province of New 
Hampshire and to the publick Charges in the Province of Massachu- 
sets and by their power and Numbers destrain for Such taxes and 
even carry off and imprison the New Hampshire Inhabitantes for 
pretended Trespasses and Try them and their Causes in the Courts 
in the Massachusets where to plead to the jurisdiction (when the par- 
ties them Selves were to be the Sole Judges in the matter) was to no 
manner of purpose. 

That in this manner and by these means the Province of the Mas- 
sachusets unjustly extended their bounds — Encroach'd upon Your 
Majesty's Lands in Your Province of New Hampshire, judged in and 
decided their own Causes and prevented Settlements under your Ma- 
jesty's Grants. 

And the said Province of Massachusets finally and absolutely de- 
cided those Causes without possibility of having Justice from Your 






BOUNDARY LINE PAPERS. 237 

Majesty's determination in Council thereon, because the Sum or mat- 
ter demanded from a New Hampshire Tenant for his Share of a pub- 
lick tax to the Province of the Massachusets or the fine for Such Ten- 
ants pretended trespass on their Lands might perhaps amount to five 
or ten Shillings onely, greatly below the Sum for which and Appeal 
to Your Majesty in Council is allowed, nor Could a young Settler 
possibly bear the heavy Expence of an Appeal and proving in a legal 
manner the bounds of each respective Province. And if such young 
Settler could have born that vast Expence, a Determination on his 
Single Appeal could only have Settled the point whether his particu- 
lar spot of Land was or was not within the Limits of the Massachu- 
sets Charter, and might not have Settled the general Controversy & 
quieted the rest of the Inhabitants. 

That these sort of proceedings have obliged many of Your Majes- 
ty's Tenants in New Hampshire of mere Necessity to Submit them- 
selves in their own Defence to the great Province of the Massachu- 
sets, who were able to protect them & who extend their Bounds there- 
by and reduce New Hampshire to Such Streight Limits and to so 
few Inhabitants as will absolutely disable them to support y e Charge 
of Government, and at the Same time and under these Sinking Cir- 
cumstances the Pet r begs leave to inform Your Majesty, that Your 
Province of New Hampshire which used to Contribute to publick 
Charges but a tenth part or proportion of what the Massachusets 
Contributed has been raised to contribute the fifth part of what the 
Massachusets Contribute, which nevertheless Your Maj tys Loyal Sub- 
jects of New Hampshire with y e greatest Duty and Alacrity imme- 
diately acquiesced in it being Your Majesty's Royal Pleasure. 

That the forementioned Disputes having happened the said Town- 
ship of Kingston and Londonderry in New Hampshire attempted all 
reasonable methods to settle the bounds generally between them and 
the Massachusets at a very large Expence (near 800 11 upon each of 
those terms) but it produced no effect. 

That during the Cessation in the beginning of Queen Ann's Reign, 
the Massachusets still incroached on New Hampshire by Rating or 
Taxing People seated near the Sea about five miles North of Merri- 
mack River. But Your Province of New Hampshire was So far from 
attempting in like manner to Distress the Massachusets Inhabitants, 
that orders were then given by the Governour and Council of New 
Hampshire that Persons Seated but near the Division Line Should 
not be rated at all, and hoped the Massachusets would have given the 
like Orders, till the Lines could be Settled and therefore proposals 
were made to have Committees chosen both in the Massachusets and 
in New Hampshire in May 171 1, but nothing was clone by the Mas- 



238 PKOVIN'CE OF NEW HAMPSHIRE. 

sachusets thereon, and in 171 3 and 171 5 Your Province of New 
Hampshire again attempted to have the Lines settled but in vain. 

That in December 17 19 both the Province of New Hampshire and 
the Massachusets appointed Commissioners, but with this difference 
that the Com rs chosen by New Hampshire were directed to settle 
both the Southern and Northern Boundaries of that Province but y e 
Massachusets Commissioners Were to Settle only the Southern Boun- 
dary of New Hampshire and those Commissioners met at Newbury in 
the Massachusets Province, but to prevent Settling any Bounds what 
ever, the Massachusets Commissioners then insisted to run a Line 
from three Miles North of the mouth of Merrimack to three Miles 
North of the head of what they call Merrimack River at Winnispo- 
siokee Pond, w ch was a most extravagant proposal, not at all warrant- 
ed by their Charter, and would have had the following Consequences, 
that as the Massachusets Province already incloses New Hampshire 
on the Southside and on the Northside, such a Line, as then proposed, 
would have Cutt of all the head or Eastern part of New Hampshire 
also, and would have taken from Your Maj^ 5 Province of New Hamp- 
shire all the settled Towns and Townships of Londonderry and Kings- 
ton, and a very great part of Hampton and of Exetorand many other 
Lands, so that New Hampshire would only have had two of its old 
Towns Dover and Portsmouth left, and not any Land to Enlarge 
their Settlements But would have been Confined to a very small strip 
of Land bordering upon the sea, and woud have been inviron'd and 
Surrounded on all the other three Sides by the Massachusets Prov- 
ince ; But the Commissioners for New Hampshire, who had no pow- 
er by any Consent to deprive Your Majesty of Your Lands in so ex- 
travagant and unreasonable a Manner, wou'd by no means agree to 
any such Line, and that Meeting broke up. 

That this extroardinary attempt on the part of the Massachusets 
Obliged the Assembly of Your Majestys Province of new Hampshire 
in the following Year 1720 to put themselves to the Expence of an 
agent in London to Sollicite a just Settlement of the Lines here, who 
presented Several Representations and Addresses from the Province 
of New Hampshire on that head. 

That sometime After the said Meeting of the Commissioners at 
Newbury in 1719 the Province of New Hampshire chose a Commit- 
tee to run a Line 3 miles North of Merrimack River, and the Massa- 
chusets also chose a Committee to run that Line and the Commis- 
sioners run the Line Seperately, which Lines very nearly agreed so 
farr as they were run by New Hampshire, as your Petitioner is in- 
formed. 

That the Province of the Massachusets have actually sold great 
Parcels of Your Majesty's Land not only three Miles North of Mer- 



BOUNDARY LINE PAPERS. 239 

rimack but about 40 Miles North of the same, particularly one large 
Township called Penicook, and have received a large sum of Mony 
for the Same, tho very Manifestly within Your Majesty's Province of 
New Hampshire, and tho the purchasers were forbid Settling there by 
Your Province of New Hampshire. 

That after these encroachments upon Your Majesty's Lands and 
Disturbances given to Your Majesty's Tenants in Your Province of 
New Hampshire Your Majesty was pleased by Your 77 th Instruction 
to Jonathan Belcher Esq r Your Governor over New Hampshire, (and 
also Governor over the Province of Massachusets Bay) to take notice 
of the long continuance of the Dispute between the said Provinces, 
in relation to their Boundaries and to declare Your Royal Judgment, 
that it was for Your Service, as well as for the Peace and Tranquillity 
of the said Colonies that the Dispute Should be adjusted and a Line 
marked out to Divide the said Provinces in all times to come. And 
therefore Your Majesty thereby directed Your said Governor to pro- 
pose to the general Assembly of each of the s d Provinces respectively 
that discreet & indifferent Persons Should be chosen by each of the 
said Assemblies out of some of the Neighbouring Colonies under 
Your Majesty's immediate Governm* with sufficient powers to draw 
the said Boundary Line, and finally to determine the Dispute between 
the said Provinces, whose proceedings therein were to be laid before 
Your Majesty and to be of no Effect till your Royal Pleasure should 
be signified thereon 

That the said Instruction was communicated to the Assembly or 
House of Representatives of Your Province of New Hampshire the 
26 th day of August 1730 who were desirous to obey Your Majesty's 
Royal Commands, that within three days then after they passed a 
Vote appointing David Dunbar Will: Wanton and John Witing Esq rs 
a Committee for New Hampshire to joyn with as many to be ap- 
pointed a Committee by the Massachusets to Adjust as well the 
Northern Boundary Line between New Hampshire and the late Prov- 
ince of Maine as the Southern Boundary Line of New Hampshire 
between it and the Massachusets according to Your Majestys Instruc- 
tions, and resolved that a proper Commission Should be made out by 
the Governor to the said Gentlemen and appointed a Committe to 
inform and instruct them in the Affair, and that the Charges "Should 
be born out of the publick Treasury. And afterwards in August, 
October and Nov r 1730 and in April, May July and Septem r 1731 
Your Majesty's Province of New Hampshire passed Several Votes 
and Resolutions and appointed Several Committees to meet those of 
the Massachusets Bay, in order to Settle the Bound Lines or to 
prepare a Bill to be passed in both Provinces in order thereto, but to 
no manner of Purpose. 



24O PROVINCE OF NEW HAMPSHIRE. 

And on the 24 and 25 of Septem 1 " 1731 the Council of New Hamp- 
shire appointed Henry Sherburn, Richard Waldron, Benja" Gambling 
and Nathaniel Weare Esq" and the Assembly appointed Nathaniel 
Ware, Joshua Pearse, Theodore Atkinson and Your Petitioner John 
Rindge to be a Committee to meet the Massachusetts Committee, in 
order to Settle the matter in dispute. 

That upon the Seventh of October 1731 the Assembly of New 
Hampshire met againe and received a Report from their Committees 
that they had met y e Massachusets Committees at Newbury on the 
30 th of Septem 1 ' to try to agree upon a preliminary Bill to Settle the 
Divisional Lines of both Provinces, but to no manner of purpose, for 
that the Instructions which the Massachusets had given their Com- 
mittee were much Straiter and more against the Intrest of Your 
Ma]**'" Province of New Hampshire than an Act which the Massachu- 
sets had passed in Feb y 1730, and which the Assembly of New 
Hampshire could by no means agree to, in regard the Massachusets 
Committee were direct'd by their Instructions to Insist, that Provis- 
ion Should be made in the Bill that all Such Lands or Towns which 
either Government were in Possession or Improvement of by Virtue 
of any Antient grants should be reserved to the Several Govern- 
ments, both as to Jurisdiction and Property, which (if agreed to) 
would carry the dividing Boundary at least eleven Miles and three 
quarters to the Northward of Merrimack, instead of three Miles 
which the New Hampshire Committee could not comply with, insist- 
ing that the Line which the Commissioners should fix three Miles to 
the Northward of Merrimack River according to the Intent of the 
Massachusets Charter ought to be the Boundary, as to Jurisdiction, 
whatever might be consented to in respect of Property, upon which 
the Massachusets Committee refused to proceed any further, saying 
that as they had particular Directions they were obliged to conform 
to them. 

That the said Committee for New Hampshire prepared a Draught 
of a Representation to be sent upon that occasion to Your Majesty's 
principal Secretary of State relating to the said affair. 

And the said Report and Representation were read and approved 
of by the Council and Assembly of New Hampshire and were to- 
gether with the Votes, Acts and Papers humbly transmitted to Your 
Maj ty ' s said Secretary of State accordingly. 

And Your Assembly of New Hampshire, by Vote of the said Sev- 
enth of October 1731, reciting their unwearied application and the 
Disappointments they had met with in Endeavouring to Settle the 
Bound Lines and that Your Petitioner John Rindge was coming over 
to great Britain, they therefore Voted Your said Petitioner Chosen 



BOUNDARY LINE PAPERS. 24I 

and appointed by the said Assembly, as an Agent to Represent Your 
Majesty's said Province in great Britain with such full Power & Au- 
thority as the House could give about the Premises. 

In pursuance of which Power Yo r Petitioner as Agent for the 
House of Representatives of Your Majesty's Province of New Hamp- 
shire, as well as in his own behalf, most humbly begs leave to Inform 
Your Majesty that the Clause proposed in behalf of the Massachusets 
to allow to each Province the Property and Jurisdiction of Lands Re- 
spectively seated by them was by no means a fair or equal proposi- 
tion, nor was at all Calculated for reciprocal or mutual Benefit, but 
would have advantaged the Massachusets Province only who have 
encroached greatly beyond their Bounds, whereas in fact your Majes- 
tv's Province of New Hampshire hath never Settled beyond its just 
Bounds. 

Your Petitioner likewise craves leave to Represent to Your Maj- 
esty that the Province of the Massachusets has by its Charter cer- 
taine limitted Bounds, beyond which they have no Colour of Property 
or Jurisdiction, and Such Lands as are not within their Bounds do 
unquestionably appertain to Your Majesty as part of your Majesty's 
Province of New Hampshire. 

That the Dispute between Your Majesty's said Province and the 
Massachusets lyes within a very narrow Compass & may (as your 
Petitioner is advised) be clearly discussed and Settled here by Your 
Majesty's Authority or indeed might with great ease have been Set- 
tled in the Provinces had the Massachusets been as well inclined 
thereto as Your Province of New Hampshire has all along Shewn it 
self. But it appears plainly to be the intention of the Massachusets 
to keep this Dispute open and unadjust'd and they think it their In- 
trest so to do because, during such time, they have and do incroach 
upon Your Majesty's Lands and then expect (as they actually insisted 
at the aforementioned meeting) that the Lines Shall not be run 
according to the true Bounds of their Charter, but that they Shall 
enjoy the property and Jurisdiction of all their Incroachments. 

That however manifestly unreasonable and Illegal such pretensions 
on their part is, yet your Majesty's Small Province of New Hamp- 
shire is and, its humbly conceived, will allways be unable to procure 
the Lines to be truly run in America, however obvious and plain the 
case appears, because of the great inequality between the two con- 
tending Provinces, and the vast Superiority interest and Power of 
the said Province of the Massachusets in America over that of new 
Hampshire, especialy as both Provinces are under one and the same 
Governor, whose Native Interest in the present Case may incline 
him to favour the Massachusets, where his whole Fortune lyes and 
from whence five parts in Six of his Appointment Arises. 



242 PROVINCE OF NEW HAMPSHIRE. 

Your Petitioner therefore most humbly beseeches that Your Ma- 
jesty would be graciously pleased to determine here the differences 
subsisting between the said Provinces touching their Bounds on both 
sides of Your Prcvince of New Hampshire. And in order thereto 
Your Petitioner humbly begs leave to annex the Map hereunto affixt 
and to represent the following Matters. 

1620 That the first Charter granted by the Crown which respects 
the matter in Contest was to the Council of Plymouth, and bore date 
the third day of November in the Eighteenth Year of King James 
the first, and contained a Grant of all that parte of America lying 
and being in breadth from forty Degrees to the forty eighth degree 
of Northerly Latitude, from y e Equinoctial Line inclusively, and in 
length of and within all the breadth aforesaid throughout all the 
Main Lands from sea to sea. 

1627 That the said Council of Plymouth by Indenture dated the 
19 th of March in the third Year of King Charles the first Granted to 
Sir Henry Rosewell and others all that part of New England which 
lies and Extends between a great River there, Commonly called 
Monamack alias Merimack and a certain other River there called 
Charles River, being in a Bottom of a certain Bay there commonly 
call'd Massachusets Bay. And also all Lands and Hereditaments ly- 
ing within the Space of three English Miles on the South part of the 
said Charles River or of any and every part thereof, and also all 
Lands and Hereditaments within three english Miles to the North- 
ward of the said River called Monamack alias Merrimack, or to the 
Northward of any and every part thereof, and all Lands and Here- 
ditaments Lying within the limits aforesaid North and South in Lat- 
itude and in breadth & in length and Longitude of and within all the 
breadth aforesaid throughout y e Main Lands there from the Atlan- 
tick and Western sea and Ocean on the East part to the South sea 
on the West part. 

1628 That the said King Charles the first by Letters Patent under 
the great Seal of England bearing date at Westminster the fourth 
day of March in the fourth year of His Reign, did grant and con- 
firm to the said Sir Henry Rosewell and others all the said Lands 
lying and Extending between the Bounds and limits in the s d last re- 
cited Indenture expressed. And also Created and made the said Sir 
Henry Rosewell and the other Persons therein Named a Corporation 
by the name of the Governor and Company of the Massachusets 
Bay in New England. 

That the said first Grant from y e Crown to the Massachusetts con- 
tained all the Lands from sea to sea between Merrimack and Charles 
River and also three Miles South of Charles River and of every part 



BOUNDARY LINE PAPERS. 



243 



thereof and three Miles North of Merrimack River and of every part 
thereof. 

That after the aforesaid Grant by the Council of Plymouth and 
some other Grants made by them the said Council of Plymouth in 
the Year 1635 Surrendered their Grant (of the eight Degrees from 
sea to sea) to the Crown. 

1684 That in Trinity Term in the 36 th Year of King Charles the 
Second Judgment was given in the Court of Chancery upon a writ 
of Scire facias against the said Governor and Company of the Mas- 
sachusets Bay in New England that the said Letters Patent to them 
of the fourth of March in the fourth Year of King Charles the first 
Should be Cancelled Vacated and Annihilated, and for Several Years 
following that time, the Massachusets had no Charter. 

That in the Years 1627 and 1628 when the first Grant and Confir- 
mation was made to the Massachusets the Coast of New England 
was very imperfectly known, much less the Course of the Rivers up 
in the Country, or the Inland parts of that Continent. 

That the great River Monamack alias Merrimack empties it self 
into the Atlantick sea or ocean, and Your Petitioner humbly con- 
ceives it is very Clear from y e Express Words of the first Grant and 
Confirmation to the Massachusets that they were then to have in 
length from the Atlantick sea or ocean on the East part to the 
South Sea on the West part and in breadth from three Miles North 
of Merrimack River and to three miles South of Charles River which 
of Force must be east and west Lines. 

And the Course of the River Merrimack (which is the matter 
more particularly in Question) Strongly fortified that opinion, as the 
Course was pretty near due West up into the Country, the same 
upon later and more certain and exact enquiries having been found to 
keep that Course generally not only for y e Space of aboute fifteen 
Miles which the Tide flows to, but even for about 35 Miles from the 
sea in all which Space the general Course is West inclining in some 
place a little to the Southward of the West and in other places a 
little to the Northward of the West. And then a River which the 
Massachusets would also call Merrimack turns off at Dunstable and 
runs a general North Course (or pretty much so) for the Space of 
about fifty five Miles, sometimes inclining to the Westward of the 
North and, othertimes inclining to the Eastward of the North, and 
then it runs near North East about twenty Miles further to Winnis- 
pisiokee Pond or Lake. 

That it was always understood by the said Province of the Massa- 
chusets under their first Charter that their Northern Bound, from sea 
to sea, was to run due West notwithstanding their said first Charter 



244 PROVINCE OF NEW HAMPSHIRE. 

gave them three Miles North of Merrimack River and of every part 
thereof & accordingly they insisted in the manner herein aftermen- 
tioned. 

That before the said first Charter to the Massachusets was Vacated 
as aforesaid M r George and Mason having Petition'd his late Majesty 
King Charles the Second in Council complaining of Encroachments 
then made by the said Province of the Massachusets the Governor 
and Company of the Massachusets Bay in New England presented 
to His then Majesty in Council a brief Declaration of their Right 
and Claim, wherein they expresly Asserted that their then Pattent 
according to the express Terms therein contained without any Am- 
biguity or Colour of other Interpretation lay between two East and 
West paralel Lines, drawn from the most Southerly part of Charles 
River and the most Northerly part of Merrimack, with three Miles 
advantage upon each, being to extend in full Latitude and breadth 
from sea to sea. And therefore they insisted that it could not be 
bounded by many hundreds or by infinite numbers of Lines as the 
River Merrimack made Bends or Angles in two hundred Miles pas- 
sage from Winnispisiokee Lake to the mouth thereof which to im- 
agine (they declare) would be irrational and would involve themselves 
and any Borderers in many inextricable Disputes. 

That however the said Governor and Company then contended for 
their Northern bound Lines running due East & West yet they 
seem'd to insist that the said Northern East and West Line Should 
be three Miles North of the most Northern of every or any part of 
Merrimack River founding themselves upon some words which they 
construed that way in their then Charter. 

1 69 1 That on the Seventh of October in the third Year of the 
Reign of their late Majesties King William and Queen Mary, a New 
Charter (materially diferent from the former) and under which only 
the Massachusets can now claim was granted to the Province of the 
Massachusets Bay, and thereby the Massachusets Bay, New Ply- 
mouth the Province of Main the Territories called Nova Scotia and 
the tract of Land between Nova Scotia and the Province of Main 
was erected united and incorporated into one Province by the name 
of the Masachusets Bay. 

And by the said Charter their Maj tiss granted the Bounds and 
Limits in the following words namely. " All that part of New Eng- 
land in America lying and extending from the great River com- 
" monly called Monamack alias Merrimack on the North part, and 
" from three miles Northward of the said River to y e Atlantick or 
" Western sea or ocean on the South part, and all the Lands and 
" Hereditaments whatsoever lying within the Limits aforesaid and 



BOUNDARY LINE PAPERS. 245 

" extending as far as the outermost Points or Promontories of Land 
" called Cape Codd and Cape Mallabar North and South and in Lat- 
itude breadth and in Length and Longitude of and with all the 
" breadth and Compass aforesaid throughout the main Land there 
" from the said Atlantick or Western sea or Ocean on the East part 
" towards y e South Sea or Westward as far as our Colonies of Rhode 
" Island, Connecticut and the Narraganset Country. And also all 
"that part and portion of Main Land beginning at the entrance of 
" Piscataqua Harbour, and so to pass up the same into the River of 
" Newickwanock and thro the same into the furthest head thereof 
"and from thence Northwestward till 120 Miles be finished. And 
" from Piscataqua Harbor mouth aforesaid Northeastward along the 
" sea Coast to Sagadehock. And from the Period of 120 Miles afore- 
" said to cross over Land to the 120 Miles before reckoned up into 
" the Land of Piscataqua Harbour thro Newichwanock River. And 
" also the North half of the Isle of Shoals together with the Isles of 
" Capwock and Nantucket near Cape Codd aforesaid. And all the 
" Lands and Hereditaments lying & being in the Country or Terri- 
" tory commonly called Acadia or Nova Scotia, and all the Lands and 
" Hereditaments lying and extending between the said Country or 
" Territory of Nova Scotia and the s d River of Sagadehock or any 
I part thereof. 

That the Northern Bounds of the first Tract or part of Land there- 
by granted were to be three Miles North of the great River of Mon- 
amack alias Merrimack. And as the Massachusets had contended 
under their former Charter to have their Northern Boundary to be a 
due East and West Line, altho their first Charter would Scarce admit 
of such a construction their Northern Boundary being directed to be 
three Miles North of Merrimack River or to the Northward of any 
and every part thereof ; So the last Charter Seems to have avoided 
that doubt by solely directing the North Bound (now) to be three 
Miles Northward of the great River of Merrimack, leaving out the 
former words of three Miles Northward of any and every part thereof. 

That under this new Charter Your Petitioner is advised the Prov- 
ince of the Massachusets Bay cannot claim for their Northern Boun- 
dary towards Your Majesty's Province of New Hampshire any more 
than a due East and West Line, to begin from the Atlantick or Wes- 
tern sea or Ocean three English Miles due North of the mouth of Mer- 
rimack River. 

And Your Petitioner is advised that if that Should be so deter- 
mined the Southern Bounds of Your Province of New Hampshire 
might with verv great ease and clearness be then ascertained. 

That the said Province of the Massachusets Bay cannot legally pre- 
tend to have their Northern Bounds be 3 Miles North of the head of 



246 PROVINCE OF NEW HAMPSHIRE. 

Merrimack River or what they woud now call Merrimack River 
near or at the great Lake or pond called Winispisiokee be- 
cause that part of the River is not nor ever was called by 
the Indians Merrimack, but only the lower part of it from the sea or 
Mouth of the River about twenty Miles up into the Country for which 
space it runs very near East and West was called Merrimack, and 
because if Your Petitioner were to admitt that even to the head of 
that River was really called Monamack or Merrimack, Yet they can- 
not be pretended to be the great River of Merrimack, mentioned in 
the New Charter, seeing the largest part of the River (which must be 
understood when called the great River is like other Rivers at the 
mouth of it next the sea and when it has run pretty near west) but 
about Sixteen miles to Haverill it then so far ceases to be a great 
River that the Tyde does not flow up into it, and a Little above Ha- 
verill it's fordable, and in Summer time Dry, which therefore cannot 
be understood to be the great River mentioned in the Charter. And 
there is another Matter also in the New Charter which will not ad- 
mitt of the Massachusets Northern Bounds running East and West 
at three Miles North of the head of what they call Merrimack River, 
because the Next distinct parcell of Land granted to the Massachu- 
sets by the New Charter Skips (as it were) over Your Majesty's Prov- 
ince of New Hampshire and begins again at Piscataque River (more 
northwards than New Hampshire is) and Grants to the Massachusets 
the Lands there formerly called the Province of Main and other Lands, 
again Yet more northward than the Province of Maine, but such a 
Construction as to take the Northern Bounds of the first granted 
Lands to be three Miles North of the head of Merrimack River would 
include Your Majesty's whole Province of New Hampshire which 
had many Years then before been a Setled Province by the name of 
New Hampshire, and is not once mentioned throughout the whole 
Charter, tho all the other Provinces or Colonies, intended to be here- 
by granted, are by name Expressly mentioned and woud make the 
said new Charter vain in granting de novo the said other more North 
era Lands as the Province of Main &c a , and seeing that under such 
a Construction they woud have being already granted within the 
Bounds of the Lands granted in the first part of the Charter. 

That the New Charter for the Massachusets does as Your Peti- 
tioner is advised in another respect direct the running a West Line 
for the Northern Boundary of the Antient Massachusets Colony as it 
directs the Line Shall begin from the Atlantick sea on the East &c\ 
and run to the South on the West part, or so farr towards the South 
sea (or Westward) as the Colonys of Rhode Island Connecticut and 
the Narrhagansett Country. 



BOUNDARY LINE PAPERS. 247 

And that as the New Charter has directed no other Course that 
that Bound Line shall run, it must be taken to be a Streight Line or 
a Due West Course. 

Also that from the plain words of the Charter, the Bound Line is 
to begin at the sea, at the Atlantick sea, three Miles North of the 
great Merrimack River and not to begin as woud now be contended 
by the Massachusets up at an uncertain small head of a River within 
Land fifty Miles Westward up in the Country, where the Scituation 
cannot be Supposed to have been so well known as upon the Coast 
which must have been first discovered and longest and best known. 

That the great disputes which have hitherto Subsisted between the 
Province of the Massachusets Bay and Your Maj tys Province of New 
Hampshire have been relating to the said Line three Miles North of 
the great River of Merrimack. 

But as the Massachusets also Adjoyn to Your Province of New 
Hampshire on the North side by that which was formerly the Prov- 
ince of Main, and which by their New Charter was granted to them, 
Your Province of New Hampshire have too much reason to appre- 
hend the like difficultys in Setling that also, especially as the Massa- 
chusets have never been willing to run that Bound Line, unless Your 
Majesty shall be graciously pleased to determine those Bounds also, 
by explaining the New Charter granted to the Massachusets, which 
in that Respect has directed the Bounds to begin at the entrance of 
Piscataque Harbour and so to pass up the same into the River of Ne- 
wichwannick, and thro the same into the farthest head thereof, and 
from thence North Westward till 120 Miles be finished, the Term 
North Westward in Sailing and in Geography not Importing as your 
Petitioner is Advised a Line due North West, but a North Line part 
of a Single point of the Compass to the Westward of the North. 

Now forasmuch as Your Majesty's Prerogative and Interest and 
the Peace and Quiet of Your Faithfull Subjects, and the Settlement 
& Improvement of the Countrys in those parts are all greatly Affect- 
ed by the said Disputes remaining open and unsettled, And for that 
Your Province of New Hampshire hath already Endeavoured, from 
time to time, by all possible means in their power to Adjust the same 
upon the spot, but without any manner of Sucess, And is at this 
time under so many hardships and Oppressions from the Province of 
the Massachusets that above 500 Inhabitants have (as Your Petition- 
er is informed) lately sent over their heavy Complaints on this affair 
to Your Majesty's Commissioners for Trade & Plantations 

Your Petitioner most humbly beseecheth Your Maj tys Gracious Con- 
sideration of the Premisses, and that you will be pleased to appoint a 
Day for hearing Your Petitioner by his Councill, as also the Agent 



248 PROVINCE OF NEW HAMPSHIRE. 

for the said Province of the Massachusets Bay hereon, And that Your 
Majesty will be pleased by Your own Royal Determination to declare 
and Ascertain the Several Boundarys of Your said Province of New 
Hampshire and to afford all such releif to Your faithfull and op- 
pressed Subjects and Tenants in the Premisses as to Your Majesty's 
great Wisdome & Justice shall seem meet 

And Your Petitioner as in Duty bound shall ever pray 

Exd 



[JV. H. House to Gov. BelcJicr, 1732/3.] 
[Mss. Prov. Boundaries, p. 80.] 

May it Please Yo r Excellency 

This house haveing rec d Many and great Complaints of the Ex- 
treem Difficulties his Maj ties Subjects in this prov s Labour under by 
the Incroachments of ou[r] Neighbours the Inhabitants of the Mass a 
which are Dayly Made on the land of the Inhabitants of this his 
Maj tis prov s p r ticulerly in the Towns of Bow Londonderry & Kings- 
town Some of which Towns have greatly Suffered by haveing their 
Inhabitants, carryed into the County of Essex in the prov s of the 
Mass a & there Tryed & Condemned in great Cost Even to the Im- 
poverishing the S d Towns, Some of which Towns ^ r ticulerly the 
Town of Bow, who Erected a House for Defence in Case of a war 
and for the Publick Worship, was burnt & Distroyed, which greatly 
retards the Settlements of the S d Town and if not Prevented will ren- 
der it Impracticable to Settle the Same, According to the Intent & 
Meaning of their Charters, Wherefore this House Begs leave to Ad- 
ress Yo r Excellency, in behalfe of those poor Distressed People, and 
pray that yo r Excellency would be pleased to recomend to the Gen 11 
Assembly of Your Other Govern^ that they put a Stope to all Such 
proceedings untill his Maj tie Shall graciously be pleased To Order the 
Settlem ts of Boundary Lines, and to Assure yo r Excellency that this 
House will readily Joyne with Yo r Excellency & the Hon ble the Coun- 
cill in passing any Votes that Shall be thought Necessary on the part 
of this province to Effect the Ends aforesaid 

In the House of Rep r sentatives March 7 th 1732/3 

Geo Walton Cl r protein? 



BOUNDARY LINE PAPERS. 249 

\_Vote to Suspend Lawsuits, 1732/3.] 
[Mss. Prov. Boundaries, p. 79.] 

In the House of Representatives 9 th March 1732 

Whereas great inconveniences arise, by the frequent Lawsuits, 
commenced against people claiming property in the Land near the 
boundary lines, between this Province and the Province of the Mas- 
sachusetts, which greatly Impoverishes all that are concern'd therein, 
and no ways Quietts the People in their possessions, or Confirms their 
property, for what hath been done by one Government, hath often 
been reversed and undone by the other, which creates great and 
needless expences & trouble, to the poor Inhabitants on those Contro- 
verted Lands — 

Wherefore Voted that no Action of trespass Or Ejectment, be com- 
menced from and after the first day of May next, against any person 
either for trespass, or tryall of title on any of the aforesaid Lands in 
Controversy between y e Governments untill the lines be ween the 
Government's are determin'd, & Settled or till further orders, Pro- 
vided Nevertheless, that this Vote shall not be in force, unless, the 
Governm* of the Massachusetts pass a vote in Substance like this, 
& to Continue, for the same Time — 

George Walton Cl r protem y 

In Coun 1 March 10 th 1732/3 

Read and Concurrd R Walclron Sec ry 

Same day Consented to J Belcher 



\_Ex tract of Letter from Agent Wilks to Secretary Willard, Feb. 

12, 1733/4-] 

[Mass. Archives, Vol. 52, p. 430.] 

M r Secretary Copy ^ Cap 11 Crocker. 

S r I have the Honour to advise you of my having duly reced y e 
Instructions & Papers Ordered by the Generall Court relating to the 
Boundaries between the Province of y e Massachusetts Bay & New 
Hampshire also Instructions to Apply for releif against the Paying 
sixpence per month to Greenwich Hospital so far as it affects the 
Fishery. 

17 



2 50 PROVINCE OF NEW HAMPSHIRE. 

In Obedience to y e former I have several times Attended at the 
Board of Trade upon Notice from the other side & about ten days 
ago their Lordships heard what we had to offer. 

I observed first that Cap" Ringe was not Appointed by y e Gov- 
erment of New Hampshire to petition in this affair but by the House 
of Representatives only. And the sole power about setling their 
Lands being in the Govern 1 " & Councill who not having joyn'd in the 
Application should their L'dships proceed to settle the Line, and it 
not prove to their liking an objection might be made that they were 
not heard upon it, & therefore the determination should not be bind- 
ing on them. 

The Solicitor on the other side signified a Surprize that such an 
Objection should be made after the Petition had been before His 
Majesty refered to a Committee of Council & from thence to that 
Board &c a after some farther Debate their Lordships determin'd not 
to allow it. I then Acquainted their Lordships I was fully Instructed 
to say in behalf of the Province of y e Massachusets Bay that they 
were ready and willing to have the Boundaries setled & would Submit 
the whole matter without any limitation to the determination of Com- 
missioners to be appointed for that purpose. 

In Answer to that the Solicitor for New Hampshire took great 
pains to convince their Lordships of its being necessary first to ex- 
plain the Words in the Charter which fixes the Bounds to be three 
Miles to the Northward of the River Merrimack. 

The Debate lasted a great while, and will be too tedious to Repeat, 
At last their Lordships asked me if I had Authority to engage in be- 
half of the Province that a determination should be submitted to of 
Commissioners Appointed by that Board out of the neighbours Gov- 
ernments & that they should have the matter refer'd to them w th out 
any Limitation I Answered I thought I had. Upon which I was di- 
rected to give it in Writing in as clear & ample a manner as possible 
against another day & so Adjournal. 

I have since left with the Secretary a Writing for that purpose 
Copy of which you have inclosed but as I found my Instructions 
silent about submitting the matter to be determined by Commission- 
ers Appointed from hence I have been with some of the Lords, and 
am making what Interest I can that the affair may be put off till I 
write to N E : & receive Answer with full Authority to lay such a 
Submission before their Lordships as seems to be required, And that 
the other side do the same to New Hampshire, but this is a matter 
still depending. If it be agreeable to the General Court to submit 
the affair in such a manner, it may be proper to furnish me with 
ample Instructions by the very first Oppertunity to be made use of, 



BOUNDARY LINE PAPERS. 25 I 

if there be no other determination in y e mean time, Also to send me 
the Names of some persons that shall be thought proper for Com- 
missioners that I may recommend them to the Board whose favour in 
this affair I have great hopes of. 

I Apply'd to M r Duramer for the Papers I was directed but that 
intituled a State of the Case he has mislaid & can't find it the rest he 
gave me. * * * * 



[Massachusetts Submits to Settlement by Commissioners, 1733/4.] 
[Mass. Archives, Vol. 5, p. 50.] 

To the Right Honr le The Lords Commissioners for Trade and Plan- 
tations — 
My Lords 

Pursuant to Instructions I have receivd from the great & Generall 
Court or Assembly of his Majestys Province of the Massachusetts 
Bay in New Eng d in relation to the Petition of M r Rindge touching 
the Controversy between the said Province of the Massachusetts Bay 
& New Hampshire about their Bounds and praying a settlement 
thereof, I do hereby as Agent of the said Province of the Massachu- 
setts Bay & for & on their behalfe humbly Submitt it to Your Lord- 
shipps, & do hereby Consent & agree, That the Said Boundarys may 
be determined & Settled by wise disinterested Persons of the Neigh- 
bouring Governments to be Nominated & Appointed for that pur- 
pose by His Majesty or yo r Lordships, and I do further Agree and 
Consent for the said Province of the Massachusetts Bay that the said 
Commissioners shall have the matter in Controversy left to them 
fully and without any Limitations, saving only that the Lines how- 
ever they may happen to be run do not Affect the Property of Par- 
ticular persons. 

All which is with the Utmost Defference Submitted to Your Lord- 
ships consideration by my Lords 

Your Lordships Most Obedient and Most humble Serv 1 

[Francis Wilks, Mass. Agent.] 
London y e 15 th February 1733/4 



252 PROVINXE OF NEW HAMPSHIRE. 

[Petition of John Rindge to Commissioners for Trade and Planta- 
tions, I733/4-] 

[Mass. Archives, Vol. 5, p. 47.] 

To the Right Hon ble The Lords Commission 1 " 5 for Trade and Planta- 
tions. 

The Humble Petition of Jx° Rindge of his Maj ties Province of 
New Hampshire in America Esq r Sheweth/ 

That your Petitioners Petition to His Majesty in Council, praying 
His Majesty s Determination & Ascertainment of several Boundary s 
of his said Province of New Hampshire having been referred to a 
Committee of His Majes ys most Hono le Privy Council, and again to 
Your Lordshipps ; The Agent for the Province of the Massachusetts 
Bay, instead of puting in an Answer thereto, on the strict Point of 
the Bounds, as by yo r Lordships order of May last (Nine months 
ago) he was commanded, has at last, laid before Yo r Lordships, his 
Submission, that the Lines in Controversy, should be run by Com- 
missioners to be Appointed by His Majesty, or Your Lordships, and 
to be taken out of the Neighbouring Provinces, or to some such 
Effect. 

That Your Petitioner Apprehends the Lines must of Necessity be 
run upon the Spot, by Commiss rs there, And can have nothing to ob- 
ject to the same, being done by Persons to be Authorized for that 
purpose by Commission under the Great Seal here ; Which Commis- 
sion (Your Petitioner humbly prays Yo r Lordships) may direct a short 
limited time for y e running the said Lines 

But Your Petitioner is under the Necessity of humbly represent- 
ing to Your Lordships that the Question which has so long been de- 
pending is, At what place y e South Boundary of New Hampshire, or 
which is the same thing the Northern Boundary of the Massachu- 
setts Bay (in that part which Bounds to the Southward on New 
Hampshire) shall begin and what course it shall run ? 

And that Question its apprehended will receive its determination 
from the true and Legal Construction of the terms of the Charters 
Granted by the Crown to y e Massachusetts Bay, and may not there- 
fore be proper for the Determination of mere Surveyors or Mathama- 
ticians in America, but may be proper for his Majestys own Royall 
Determination, assisted here with the advice of His Privy Council & 
of Your Lordships. 

That when once the Charter is Legally construed and the Place of 
beginning the Bound Lines, and likewise the course they are to run 
is fixed ; The matter will go of Course and His Majestys Commis- 



BOUNDARY LINE PAPERS. 253 

sioners can then have very little trouble or difficulty in running the 
Lines. 

That your Petitioner in his Petition to His Majesty has offer' d 
such Arguments, as he is advised by his Council do manifestly shew, 
that one of the Lines in Question was intended by the Crown to be- 
gin at the Atlantick Sea or Ocean, three Miles North of the Mouth 
of the great River of Monomack al's Merimack ; And was to run 
Parrallel to the South Boundary Line of y e Massachusets ; which is 
West 6 J- Degrees North, for variation to be the same Breadth in Lat- 
itude & Length in Longitude quite from y e Atlantick Ocean to the 
South Sea. 

That as to the Pretence of any particular Maps being erronious 
Your Petitioner apprehends it can be of very Little consequence, the 
Lines not being to be run here ; and only prays that the place from 
which they are to begin may be fixed pursuant to the true intention 
& meaning of the Charter, Three Miles North of the Mouth of the 
great River Merimack, the Mouth of which river is known & plain to 
every Body and which three Miles may most easily be measured off, 
by the Commissioners, and then to run a West Line Six Degrees 
and a half North, as farr as they can across the Main Land towards 
the South Sea. 

That to run Lines by any Commissioners whatever first before that 
Point is determined, And after they are run then to come back 
again from America, upon a dispute whether such Lines begin at the 
true place & run the true course as Appointed by the Charters, may 
undo, all that shall be done and render vain and fruitless all the trou- 
ble & Expences of the Partys & Commissioners & His Majestys & 
your Lordships good Intentions, for the settling the matters in Dis- 
pute, and will be of further disservice to His Majestys very small 
Province of New Hampshire by keeping this Controversy Open for 
many more Years yet to come. 

Wherefore as the whole Scope of Your Petitioners Petition to his 
Majesty is that the place where the said Lines shall begin & the 
Course in which they are to run (which Your Petitioner conceives to 
be the first Points) may be here Determined, And as what is the sec- 
undary Point seems now to be agreed namely that his Majesty should 
appoint the Commissioners for running the Lines. 

Your Petitioner humbly prays Your Lordships to appoint a day for 
hearing all Partys, by their Council learned upon those points where 
the Lines shall begin And what course they shall run ; And that 
after those Points are determined Your Lordships will be pleas'd to 
report as Your Opinion to His Majesty, that a Commission be Is- 
sued for running the said Lines according to such Determination 
And Yo r Petitioner shall [torn] 
Febru? 15 th 1733/ Fred : [torn] for the [torn] 



2 54 PROVINCE OF NEW HAMPSHIRE. 

[Extract of Instructions from MassacJiusetts Government to Agent 

Wilks, 1734.] 

[Mass. Archives, Vol. 52, p. 434.] 

Boston Apr. 16, 1734. 
Sir. Yours by Capt Crocker of Feb. 12th and 15th : together with 
Your proposals to the Right Honourable the Lords Commissioners 
for Trade and Plantations of terms for Submitting the Controversy 
with New Hampshire, of the 1st & 15 th of that Month, We have re- 
ceived. Your first understanding of Our Instructions, that the Per- 
sons should be chosen here, as well as be here on the Spot, was accord- 
ing to our True Meaning, And the last Submission, We think cannot 
be warranted by the Instructions You Receiv'd from the Court, 
However, We would hope You carry'd things as far as you could for 
us, And if Commissioners should be appointed on Your side of the 
Water, We desire You would take the Utmost care that none under 
any prejudice against this Province may be Judges in this affair, par- 
ticularly, that no Persons of Rhode Island Government may be nam'd 
to Issue this Controversy, there having been a dispute with that Gov- 
ernm* about the line between Us and them now for several years, in 
which they have shewn great heat of spirit, and used very violent 
proceedings ; It is Possible the Colony of New York, may be men- 
tioned on this Occasion, but it should be Observed, That they are 
above Three Hundred Miles from the line controverted, and for that 
reason it will be a great Expence and hardly possible to prevail with 
Gentlemen to come so far, there is also a considerable controversy 
about the line or boundary, between this and that Government, which 
may probably give them a byass, and prevent that Impartiality in 
their determinations, His Majesty desires, and gives such Instances 
of, in the Course of his Wise and Just administration. But In the 
Colony of Connecticot, who are between New York & us, and have 
no Controversy either with us or New Hampshire, and are intirely 
disinterested, there may be found persons the most likely to Termi- 
nate this Controversy Equitably. We would not Pretend to name any 
particular persons, And if the Govern 1 " or in his absence the Deputy 
Govern 1 " with the Six Senior Assistants or Councillors that can attend 
it, to make Seven, were appointed, We could not name them, for they 
are all to be Chosen or appointed a new, the second Thursday of 
next Month by their Constitution, this method seems most likely not 
to fail, as there are twelve men to take Six out of, if Sickness or any 
unforeseen Accident should hinder some ; And as no body can tell 
beforehand who they will be, And in that Government they have no 



BOUNDARY LINE PAPERS. 255 

attachment or prejudice to either side, We think it the most likely 
method for an Equal decision. * * * * 



[Extract of Letter from Agent Wilks to Speaker of Mass. House y 

Aug. 31, 1734.] 

[Mass. Archives, Vol. 52, p. 438.] 

* * * The Affair of the Boundaries with New Hampshire re- 
main in the same Posture as when I last wrote. I am very glad the 
Generall Court has favour'd me with so clear a state of the Case, 
And with so much reason and argument, as by yours of the 3 d of 
July, I am now under no Apprehensions but that when the affair 
comes to be considered, by the Attorney & Solicitor Generall The 
Lords of Trade, and the Lords of the Councill (which is the course 
it must take) it will end in a determination agreeable to the General! 
Courts just sense of the matter. * * * 



[Extract of Letter from Ageiit Wilks to Speaker of Mass. House, 

I735-] 

[Mass. Archives, Vol. 52, p. 442.] 

(Copy f Cap n Bayly :) 

M r Speaker, London March 29 th 1735. 

S r My last was dated the 17 th Ult°, which hope you'l receive since 
which the Attorney & Sollicitor Gener 1 , have reported to the Lords 
of Trade that its their Opinion the boundary with New Hampshire 
ought to begin three Miles North of the Mouth of the River Merri- 
mack but mention nothing of what course it should take from thence 
I have attended their Lordships upon it who were of Opinion to pro- 
ceed in forming a Report to the R t Hon ble the Lords of the Committe 
of his Majestys most Hon ble Privy Council without hearing anything 
further from the Agents on either side but with some difficulty I pre- 
vailed on their Lordships to Indulge me so far as to be first heard by 
Council in behalf of the Massachusets and accordingly the 18 of May 
is appointed for said hearing — * * * 



256 PROVINCE OF NEW HAMPSHIRE. 

[Report to Privy Council, 1735.] 

[Mss. Prov. Boundaries, pp. 86-88.] 

To the Right Honourable the Lords of the Committee of His Maj- 
esty's most Honourable Privy Council. 

My Lords 

Pursuant to your Lordships Order of the 16 th Day of April 
1 733, we have examined the Petition of John Rindge of the Province 
of New-Hampshire in America Esq r complaining, in behalf of the 
Inhabitants of that Province, of great Encroachments upon their 
Lands, & other Oppressions, which they have suffer' d from the Peo- 
ple of the Massachusetts Bay both in matters of Property & Gov- 
ernment, for want of fixed & known Boundarys betwixt the said Prov- 
inces, which the People of New Hampshire have in vain used their 
best endeavours to settle in conjunction with those of the Massachu- 
setts Bay, wherefore he most humbly prays His Majesty to declare 
& ascertain the several Boundarys of the Province of New-Hamp- 
shire, & to afford His oppressed Subjects of that Province such Re- 
lief in the Premisses, as to His Majesty in His great Wisdom & 
Justice shall seem meet. — 

We thought proper to communicate a Copy of this Petition, & of 
eight others upon the same subject from the Inhabitants of the sev- 
eral Countys of New-Hampshire to M r Wilks, Agent for the Prov- 
ince of the Massachusetts Bay, who, having taken time to transmit 
the same to His Principals, did on the 14 th Day of February 1733/4 
lay before us a Memorial in relation to His submitting the Deter- 
mination of the Boundarys between the Provinces of the Massachu- 
setts Bay & New-Hampshire to such Commissioners, as should be 
appointed by this Board ; but His Memorials not containing so full 
a submission to the Determination, which we should make upon this 
matter, as M r Wilks had before promised, he desired leave to withdraw 
the same, in order to lay another before us, which should be more to 
our Satisfaction, & agreeable to this we received the next Day a Let- 
ter from M 1 ' Wilks in the following Words, 

My Lords — 

Pursuant to Instructions I have received from the Great & General 
Court or Assembly of His Majesty's Province of the Massachusetts 
Bay in New-England, in relation to y e Petition of M r Rindge, touch- 
ing the Controversy between the said Province of the Massachusetts 
Bay & New-Hampshire about their Bounds, and praying a Settle- 
ment thereof, I do hereby as Agent for the said Province of the 



BOUNDARY LINE PAPERS. 257 

Massachusetts Bay, & for & on their behalf humbly submit it to your 
Lordships, & do hereby consent & agree, that the said Boundarys 
may be determined & settled by wise disinterested Persons of the 
neighbouring Governments, to be nominated & appointed by His 
Majesty or your Lordships for that purpose. And I do further 
agree & consent for the said Province of the Massachusetts Bay, 
that the said Commissioners shall have the matter in controversy 
left to them fully, & without any Limitations, saving only that the 
Lines, however they may happen to run, do not affect the Property 
of any particular Persons. 

A Copy of this Letter having been communicated to the peti- 
tioner M r Rindge, we received the Day following a second Petition 
on His Behalf from His Solicitor M r Paris, setting forth, that he had 
nothing to object against Commissioners being authorized to set out 
the Boundarys betwixt the two Provinces, but that he was under a 
necessity of representing to us, that the Question, which had been 
so long depending was at what place the South Boundary of New- 
Hampshire, (or (which is the same thing) the Northern Boundary of 
the Massachusetts Bay) in that part which bounds to the Southward 
on New-Hampshire, shall begin, & what course it shall run. 

That this Question must recieve its Determination from the true 
& legal Construction of the Charter, granted to the Massachusetts 
Bay, & may not therefore be proper for the Determination of meer 
Surveyors or Mathematicians in America, but may be proper for His 
Majesty's own Royal Determination here with the advice of His 
Privy-Council, which being once done, & the place of beginning the 
Bound Lines, & likewise the Course they are to run, being fixed, the 
matter would then be clear, & His Majesty's Commissioners would 
have very little Trouble or Difficulty in running the Lines, wherefore 
he humbly prayed us to hear all Partys by their Council upon the 
Question where the Boundary Lines ought to begin, & what course 
they ought to run. — 

Hereupon we thought proper for our better information in a mat- 
ter of this Consequence, to communicate to His Majesty's Attorney & 
Solicitor General a Copy of the Charter granted by their late Majes- 
tys King William & Queen Mary to the Province of the Massachu- 
setts Bay in 1691, & desired their opinion from what point of Merri- 
mack River the dividing Line between the Provinces of the Massachu- 
setts Bay & New-Hampshire ought to begin, according to the Intent 
& Meaning of the said Charter. — 

In answer to this Query the Attorney & Sollicitor General have 
acquainted us by their Reports dated the 19 th Day of March last, 
that they have been several times attended by the Council & Agents 
of both Provinces. 



258 PROVINCE OF NEW HAMPSHIRE. 

That the Council for New-Hampshire offered several Arguments, 
to prove, that the said dividing Line ought to be taken from three 
miles north of the mouth of Merrimack River. 

That the Council for the Massachusetts Bay would not say what 
it was, that they insisted on, or give any Answer to what had been 
urged by the Council on the other side, but declared that in their 
opinion the Question, which was proposed to the Attorney & Sollici- 
tor General by this Board would not determine the matter in dispute, 
and therefore they thought it unnecessary to say any thing upon it. 

That whether this be so or not they are not able to judge, but as 
to the Question referred to them, they are of opinion, that the divid- 
ing Line between the Province of New-Hampshire, & the Province 
of the Massachusetts Bay is to be taken according to the Intent of 
the Charter of William & Mary from three miles North of the mouth 
of Merrimack River, where it runs into the Atlantick Ocean. — 

Since this Report we have been again attended by the Sollicitor 
for the Petitioner, & the Agent for the Massachusetts Bay, & have 
heard what either side had to offer by their Council on this occasion, 
and upon the whole we take leave to offer our opinion to your Lord- 
ships, that His Majesty should be graciously pleased to appoint & 
authorize Commissioners to be chose from out of the neighbouring 
Provinces in America, to meet within a limited time & mark out the 
dividing Line between the said Province of the Massachusetts Bay 
& New-Hampshire, and we shall take care that Copys of the above- 
said Opinion be given to each of the said Partys for the Information 
of the Commissioners, in case any Doubt should arise amongst them 
upon the Construction of the said Charter granted by King William 
& Queen Mary to the Province of the Massachusetts Bay. We are 
My Lords 

Your Lordships most Obedient and most Humble Servants 

Whitehall Fitz. Walter Orl° Bridgeman. 

June 5 th 1735. T. Pelham. M. Bladen. 

Edw d Ashe. R. Plumer. 



[Agent Wilks to Secretary Willard, 1735.] 
[Mass. Archives, Vol. 52, p. 447.] 

London 28 th June 1735. 

S r I am favour'd with yours ^ Cap n Crocker inclosing sundry 
Laws which I shall lay before His Majesty in Councill for Confirma- 
tion. 



BOUNDARY LINE PAPERS. . 259 

Since my last the Lords of Trade have Reported upon the Affair 
of the Boundaries with New Hampsh r also upon the affair of Warlike 
Stores both which are before the Lords of the Committee & their 
Lordships have Ordered me a Copy of the former which I now in- 
close, and expect, in little time to have notice to Attend their Lord- 
ships about it, when I shall Pray to be heard by Council in behalf of 
the Province & get a day appointed for that Purpose. 

I Attended the Lords of Trade previous to this Report with Coun- 
cilor Strange but their Lordships would not let us Enter fully into 
the matter what Course the Line ought to run but only where it 
should begin, their Lordships Order'd my Letter to be read wherein 
I Submitted in behalf of y e Province that the Boundaries should be 
setled by Commissioners Appointed by His Majesty out of the neigh- 
bouring Governments. I then Acquainted their Lordships that when 
I made that proposal I thought it agreeable to my Instructions but 
as it was then rejected, and no notice since taken of it, I have had 
time to advise my Principal of my proceeding and have receiv'd for 
my Answer that it was not the Intention of my Instructions nor 
what they Approved of. And therefore I desired their Lordships 
would give me leave to withdraw it or that no use might be made 
thereof. I find it inserted in the Report but dont Apprehend it sig- 
nifies any thing. 

I intend to insist upon being heard fully upon the whole before 
the Lords of the Committee of His Majestys Most Hon ble Privy 
Councill, And have every thing prepar'd to Instruct Council for that 
purpose, I purpose to get a Case printed containing some of the most 
material Arguments in Our favour to put into their Lordships hands 
at the hearing & shall do every thing in my Power for the service of 
the Province, I thank you for your kind wishes & Assure you I am 

s r / 

Yo r most Obed* Hum : Serv t 

Fra Wilks. 
To The Hon ble Josiah Willard Esq r Secretary of y e Province of the 
Massachusetts Bay./ 



{Report of Committee of Kings Council on Petition of JoJin Rindge, 

I735-] 
[Mass. Archives, Vol. 5, p. 54.] 

At the Council Chamber Whitehall the 15 th day of December 

1735 
By the Right Honourable the Lords of the Committee of Council 
for Plantation Affairs. — 



260 PROVINCE OF NEW HAMPSHIRE. 

Your Majesty having been pleased by Your Order in Council of 
the 29 th of March 1733 to referr unto this Committee the humble 
Petition of John Rindge of Your Majestys Province of New Hamp- 
shire in America Esq r Complaining in behalf of the Inhabitants of 
that Province of Great Encroachments upon their Lands and other 
Oppressions which they have Suffered from the People of the Massa- 
chusets Bay both in matters of Property and Government for Want 
of fixed and known Boundarys betwixt the said Provinces which the 
People of New Hampshire have in vain used their best Endeavours 
to Settle in Conjunction with those of the Massachusets Bay Where- 
fore he most humbly prays that Your Majesty will be pleased to De- 
clare and ascertain the Several Boundarys of the Province of New 
Hampshire and to Afford the Inhabitants of that Province such Re- 
lief in the Premises as to Your Majesty in Your Great Wisdom and 
Justice should seem meet — The Lords of the Committee in Obedi- 
ence to Your Majestys said Order of Reference did on the 16th of 
April 1733 take the said Petition into their Consideration and tho't 
proper to referr the same to the Lord's Commiss rs for Trade and 
Plantations who have thereupon Reported to this Committee that 
they had Communicated a Copy of this Petition and of eight others 
upon the same Subject from the Inhabitants of the Several Countys 
of New Hampshire to M r Wilks Agent for the Province of the Mas- 
sachusets Bay, who did by a Letter bearing date the 1 5 th of February 
1733/4 acquaint the said Lords Commiss rs that he did thereby as 
Agent of the said Province of the Massachusets Bay and for and on 
their Behalf 'humbly Submit the matter in Controversy to the said 
Lords Commissioners and did Consent and agree that the said Boun- 
darys might be determined and Settled by Wise disinterested Per- 
sons of the Neighbouring Governments to be Nominated and 
appointed for that purpose by Your Majesty or the said Lords Com- 
missioners And that he did further Agree and Consent for the said 
Province of the Massachusets Bay that the said Commiss rs should 
have the matter in Controversy left to them fully and without any 
limitations Saving only that the Lines however they may happen to be 
run should not Affect t/ie Property of Particular Persons — And the 
said Lords Commissioners did further Report that they had been 
Attended by all Partys concerned herein, and having heard what 
either side had to Offer on this occasion, were of Opinion that Your 
Majesty should be graciously pleased to Appoint and Authorize Com- 
mission™ to be Chosen from out of the Neighbouring Provinces in 
America, to meet within a limitted time, and marke out the dividing- 
Line between the said Provinces of the Massachusets Bay and New 
Hampshire 



BOUNDARY LINE PAPERS. 26l 

And Your Majesty having been pleased by Your Order in Council 
of the Sixth of Nov r last to referr likewise unto this Committee a 
Petition of the said Francis Wilks Agent for the Province of the 
Massachusets Bay praying that he may not be bound by the Consent 
and agreement which he had Signified to the Lords Commission rs for 
Trade and Plantations by the Letter beforementioned and also pray- 
ing that in whatever Manner the Boundary Line may be run it may 
not Affect Private Property The Lords of the Committee this day 
took the whole matter into their Consideration and heard Counsel 
upon the Petn of the said Francis Wilks Agent of the Massachusets 
Bay and also for the said John Rindge in Support of the said Report 
of the Lords Commissioners for Trade and Plantations — And Do 
humbly Report to Your Majesty that they Agree in Opinion with 
the said Lords Commissioners that it may be adviseable for Your 
Majesty to appoint and Authorize Commissioners to be Chosen out 
of the Neighbouring Provinces in America to meet within a Limited 
time and mark out the Dividing line between the said Provinces of 
the Massachusets Bay and New Hampshire — And their Lordships 
Do further humbly Report to Your Majesty as their Opinion that in 
the running tJie said Boundary Line due Care should be taken that 
Private Property may not be Affected thereby. 



[Committee of Kings Council to Nominate Commissioners, 1735/6.] 

[Mass. Archives, Vol. 5, p. 53.] 
[Seal] At the Court at S l James's the 22 d day of January 1735.] 

Present 

The Kings most Excellent Majesty in Council 
Upon reading this day at the Board a Report from the Right Hon- 
ourable the Lords of the Committee of Council for Plantation Affairs 
dated the 15 th of last Month relating to the Settling the Boundarys 
between the Provinces of the Massachusets Bay and New Hampshire 
in America, wherein their Lordships propose that Commiss rs to be 
Chosen out of the Neighbouring Provinces should be appointed and 
Authorized by His Majesty to meet within a limittecl time and mark 
out the Dividing Line between the said Provinces, and to take care 
that Private Property be not affected thereby : — His Majesty Approv- 
ing thereof, Is hereby pleased to Order, that the same be Referred 



262 PROVINCE OF NEW HAMPSHIRE. 

to the Right Honourable the Lords of the Committee of Council for 
Plantation Affairs, to Consider of proper persons to be appointed to 
Settle the said Boundarys and make Report thereof to His Majesty 
at this Board. — W: Sharpe 



[Names of Commissioners A r omiuated, 1736.] 
[Mss. Prov. Boundaries, p. 98.] 

To the Right Hono ble the Lords of the Committee of His Majesty's 
most Hono ble Privy Council. 

My Lords — 

Agreeable to your Lordships order of Reference, dated the 24 th 
Day of January last, we have considered of proper Persons to be 
appointed Commiss rs for marking out and settling the Boundaries or 
Dividing Lines between the Provinces of the Massachusetts Bay and 
New Hampshire, & for that Service we take leave to name to your 
Lordships, George Clark, Francis Harrison, Cadwalder Colden, Abra- 
ham Van Horn, and Phillip Livingston Esq rs of the Province of New- 
York ; John Anderson, John Hamilton, John Wells, John Reading, 
and Cornelius Van Horn Esq rs of the Province of New-Jersey ; Wil- 
liam Skene, Will™ Shirreffe, Henry Cope, Erasmus James Phillips 
Esq 1 ' 3 and Major Paul Mascarene of the Province of Nova Scotia; 
being the five eldest Councellors in their respective Provinces, and 
Samuel Vernon, John Gardner, John Potter, Ezekiel Warner, & 
George Cornel, who were the Eldest Councellors for the Colony of 
Rhode-Island in the year 1734., & may probably be so still, though 
they choose their Councellours annually, and we have no List of 
Councellors in that Province of later Date. 

These Persons we think may be least liable to Exception, being 
Men of Distinction in their Respective Provinces. 

We are My Lords Your Lordships Most Obedient and Most Hum- 
ble Servants 

Whitehall Fitz. Walter. A. Croft. 

April I st 1736.— T. Pelham. R. Plumer. 

Edw d Ashe. M. Bladen. 



BOUNDARY LINE PAPERS. 263 

[A 7 ". H. Committee to Attend Commissioners, 1736.] 
[Mss. Prov. Boundaries, p. 97.] 

In the House of Representatives 

Whereas this House is Informed by the Committee appointed to 
Write our agent in Great Brittaine Relating to the affaire of the lines 
by Letter from him Directed to the said Committee 

Which has been Laid before this House, wherein we are informed 
that in x r Last His Maj tie in Councill was gratiously pleased to accept 
the Report Made by the Right Hon ble the Lords Commiss rs for Trade 
and plantations, and that our Agent in a short time expected to ob- 
taine a Commission appointing & authorizing Commiss rs to run and 
mark out the Boundary Line Between this His Maj ties Province & 
that of the Mass a and in asmuch as this affaire will be attended with 
Considerable Charge & it will be necessary to have a Committee to 
attend the said Commiss rs in the Said affaire Wherefore 

Voted that Andrew Wiggin Esq r Theodore Atkinson Esq 1 " & John 
Rindge Esq r be a Committee for this House to Joyne w th Such as the 
Hon ble Board shall appoint to Waite upon said Commiss 1 ' 5 & attend 
them in that affaire and that the Treasurer supply the said Commit- 
tee with Such Money as will be necessary for that service and that 
the said Committee Render an account to the Gen 1 Ass m of the 
Money so Delivered them by the Treasurer how Expended for their 
allowance 

Aprill 30 th 1736 James Jeffry Cle 1 ' Ass m 

In Coun 1 May 10, 1736 — 

Read and non-concurrd, for that The Council know of No Agent 
that this Court has in Great Britain, & besides, for that there is no 
money in the Treasury to defray the Charge proposed in the above 
Vote Rich d Waldron Sec r y 



[Francis Wilks to Secretary Willard, 1736.] 

[Mss. Prov. Boundaries, p. 100.] 

Extract from M r Agent Wilks's Letter to M r Sec r y Willard of May 

19 th 1736 — 
M r Sec f y 

Sir/ I have not had the pleasure of a Line from you since my last, 
nor has anything material offered to advise you of, save the Lords of 



264 PROVINCE OF NEW HAMPSHIRE. 

Trade having made a Report upon the Reference from the Lords of 
His Majesty's Council concerning the New-Hampshire Boundaries, 
Copy whereof is inclosed. I can't tell what farther Steps may be 
taken, but probably it may rest so long as to give time for an Answer 
from both the Governments, before it be confirmed. I shall be glad 
to receive the General Court's Instructions about it, to be made use 
of in that Case. — 



[Instructions to Francis Wilks, Agent for Massachusetts, July 23, 

1736.] 

[Mass. Archives, Vol. 52, p. 449.] 

Sir, I am directed by the Gov r & Council to acquaint you that 
your publick Letter of the 19 th of May last with the Report of the 
Board of Trade for naming Commiss rs on the Affair of the Line be- 
tween this Prov. & New Hamps r has been laid before y m And they 
think it proper to advise you to use your utmost Endeavours to stay 
all further Proceedings on y l Affair till you can have an Answer to 
your s d Letter from the General Assembly who are now prorogued ; 
And the Board also advise you in the meantime to look carefully into 
the several Instructions & Letters you have already had from the 
Court on the same Subject 



[Francis Wilks to Secretary Josiah Willard, 1736.] 
[Mass. Archives, Vol. 52, p. 450.] 

M r Secretary./ 

Sir : I have nothing material to inform the General Court since 
my last, Only that the Lords of His Majestys Councill have taken 
under Consideration the Report of the Lords of Trade concerning 
the New Hampshire boundaries it was strongly urged on the part of 
New Hampshire that their Lordships would appoint a short day to 
determine upon it, but my not having receiv'd, nor could have re- 
ceiv'd Answer from my principals concerning said Report, And an 
Objection being made on their Side to One Gentleman therein men- 
tion'd it was put off to some time in October Agreeable to my Peti- 
tion : Copy of Cap" Tomlinsons Petition you have Inclosed. I hope 



BOUNDARY LINE PAPERS. 



265 



by that time to have the Generall Courts Directions about it, Inclosed 
you have also the Councells Breviate concerning New Hampshire 
Private Notes Omitted in my last. 

I have received the papers relateing to Rhode Island Boundaries 
inclosed me by a Committee of The General Court which I shall have 
proper regard unto, nothing Can be done in that Affair till towards 
Winter it being now a time of Recess with most of our Great Men, 
I am with great Respect, Sir, 

Yo r most Obed 1 Hum: Serv* 

London y e 19 th August 1736. Fra Wilkes 



\_Report of Instructions to Commissioners, 1736.] 
[Mss. Prov. Boundaries, pp. 101-104.] 

To the Right Honourable the Lords of the Committee of His Majes- 
ty's most Honourable Privy Council — 

My Lords 

We have had under our Consideration your Lordships order of the 
26 th of October last approving our Nomination of the five Eldest 
Councillours in the Provinces of New York, New Jersey, Nova Sco- 
tia, and Rhode Island (excepting Major Mascarene one of the Coun- 
cil in Nova Scotia who appear'd to your Lordships to be a Person 
interested in the Massachusets Bay) to be the Commissioners for 
Setleing the Boundarys between the Province of the Massachusets 
Bay and Newhampshire, and Requiring us to prepare and lay before 
your Lordships such Directions as we shall think necessary for His 
Majesty to give to the said Com rs for this purpose specifying the time 
before which the said Com 15 shall hold their first meeting the most 
convenient place for such their Meeting, and of what number the 
Quorum should consist. 

Upon this occasion we have been Attended by the respective 
Agents for the Massachusets Bay & Newhampshire and have given 
them an opportunity of laying before us any Proposals they might 
have to make to further the setleing and marking out the lines in 
Question ; whereupon the Agent for Newhampshire laid before us a 
Memorial for the Purpose aforesaid, the Agent for the Massachusets 
Bay only raised some trivial objections to the place of Meeting and 
to the Quorum mentioned by the Agent for Newhampshire, but 
offer' d nothing further to us upon the Subject. 

18 



266 PROVINCE OF NEW HAMPSHIRE. 

As we are Inform 'd that the most proper time of the year for rim- 
ing the boundary lines in Question is between the begining of June 
and the End of September we take leave to propose that the first 
day of August in the year 1737 may be the day on which the Com rs 
may be Directed to hold their first meeting from which they may 
adjourn to such times as may be most convenient for them, for altho 
your Lordships did Direct us to Consider of a time before which the 
said Com rs should hold their first meeting, Yet upon Consideration 
we found it convenient to appoint a positive day because the great 
Distances the Com rs live from each other would otherwise make their 
first meeting very uncertain. 

And as the Town of Hampton in Newhampshire is scituated ac- 
cording to the best Draughts we have been able to procure of that 
Province very near, if not upon the place thro which one of the boun- 
dary lines is at first to run, we are of Opinion, that the first meeting 
of the Com rs should be appointed to be held there. 

With regard to the number, a Quorum of the Com rs should consist 
of, we take leave to observe, that altho there are twenty Com 1 ' 3 to be 
appointed, yet several of them from different occasions may not be 
able to Attend this Service, and as the want of a sufficient Quorum 
supposeing it should be appointed too large might prevent the fixing 
these boundarys and occasion a fruitless long Journey to such of the 
Com rs as shall undertake the same, we are of opinion that five Com rs 
should be deem'd a sufficient Quorum and that all Determinations 
shall be by a Majority of the Com rs present ; we are the rather of this 
opinion because each Province will have the liberty of appealing from 
any Sentance given by these Com rs to His Majesty in Council. 

The Agents for these Provinces having agreed that the Charge 
attending this Commission and the Execution thereof should be 
equally borne between each Province, we have nothing to offer upon 
that head but that we think it highly reasonable it should be so. 

As these Com 1 "- must be appointed under the Broad Seal, we are of 
opinion, that the abovemention'd Propositions with regard to the 
time and place of Meeting and to the number of which the Quorum 
is to consist ought to be express'd in the said Commission and a Lib- 
erty thereby Granted to either Party who may find themselves ag- 
grieved by the Determination of the said Com rs of appealing to His 
Majesty in Council from such Determination and that the Com rs may 
be Impow'red and Directed to administer any oath or affirmation to 
such Persons as shall be found necessary to be Examined before 
them. 

And that the good purposes proposed by this Commission may not 
be frustrated by any Failure in Execution thereof we take leave fur- 
ther to propose, 



BOUNDARY LINE PAPERS. 267 

That Notice may be given by a Circular Letter to the respective 
Gov rs of the Provinces where these Com rs do reside of His Majestys 
Intentions to setle the Boundarys of the two Provinces aforesaid by 
Com rs to be appointed by His Majesty, and that the respective Gov rs 
of the said Provinces upon receipt of such Notice do acquaint such 
Commissioners of the time and place of their first meeting strongly 
recommending it to such as are able to go to attend this Duty. 

That the Com rs be directed at their first meeting to make choice 
of one or more able Clerk or Clerks to enter their Minutes and pro- 
ceedings, as also of one or more skillfull Persons to prepare Draughts 
or Plans of the boundarys according to the Determination of the 
Com rs who are also to administer an oath or affirmation to such clerks 
or other Persons as they shall Employ for the due and faithfull Exe- 
cutions of their Trust — 

That each of the two Provinces whose boundarys are to be setled 
do send to the said Com rs at their first Meeting the Names and Places 
of abode of two of their Publick officers whom they shall appoint for 
that purpose residing in the said Provinces on either of whom or at 
whose place of abode any Notices Summons or final Judgment of the 
s d Com rs may be servd or left — 

That each of the said two Provinces do send to the said Com rs at 
their first Meeting a plan and full State of their demands or preten- 
sions in writing describeing whose and in what places the boundarys 
on the southern and Northern part of Newhampshire ought to begin, 
what Courses and how far the same ought to run respectively, and 
that the Copys thereof may be mutually exchanged in order to pre- 
vent any unnecessary delay and that each party may come fully pre- 
pared — 

That the Com rs be directed to use all Convenient Dispatch in the 
Execution of this affair — 

That of the Com rs present at any Meeting He who is first named 
in the Kings Commission shall preside at such Meeting and shall 
issue out the Necessary Summons for such witnesses as either Party 
shall require 

That no evidence be allowed of by the Com rs but such as shall be 
sworn or take an Affirmation before them in open Court, and that 
the whole of what such Evidences shall offer to the Com rs be put into 
writing by the clerk and in presence of said Commissioners — 

That Entrys be made of all Papers Evidences Deeds Charters and 
proofs received by the Com rs in this affair and of all their proceed- 
ings and resolutions throughout the same and that Plans or Draughts 
of the Boundary lines as agreed to by them be annexed thereto and 
made part thereof 



268 PROVINCE OF NEW HAMPSHIRE. 

That when the Com rs shall have made their final Determination 
and Signed the same a Copy thereof shall be sent to such publick 
officer in each respective Province as beforementioned as likewise 
Notice of another Meeting to be within six weeks after the Delivery 
of such Copy or such other reasonable time as the Com rs shall appoint 
at which either of the Provinces who shall find themselves aggrieved 
may enter their appeal with a Declaration what parts of the Deter- 
mination of the said Com 1 ' 5 they abide by, or Appeal from, and that 
each Province be allowed true Copys of the whole Process to be at- 
tested by three or more of the Com rs — That if at this last meeting 
of the Com rs neither Province do enter their appeal the Determina- 
tion of the Com rs do then become final & Conclusive to all Parties — 
And that during the meeting of these Com rs the Gov rs of the two 
Provinces do keep their respective Assemblys sitting or under short 
Prorogations that they may meet within twenty days after such De- 
termination delivered as aforesaid in order to determin what to do 
thereon, we are My Lords 

Your Lordships Most Obedient & Most humble Serv ts 
Whitehall Fitz. Walter M Bladen 

Dec 1 " 8 th 1736 T Pelham Orl° Bridgman 

R Plumer 
Copy Examined "$ J Willard Sec'ry 



[Francis Wilks to Secretary Willard, 1736/7.] 

[Mss. Prov. Boundaries, p. 84.] 
Extract from M r Wilks's Letter to M r Secr r y Willard. — 
M r Secretary 

Sir The above is Copy, this encloses you Copy of my Petition to 
the Lords of the Council for some Alterations in the Report of the 
Board of Trade, which Petition has been rec d , and their Lordships 
have been pleased thereupon to make sundry Alterations, particularly 
in that of keeping the Assembly sitting, or under short adjourn- 
ments, during the meeting of the Commiss rs — An Order of Coun- 
cil is gone (with the Report as alter'd) to the Attorney and 
Sollicitor General, to prepare, and lay before His Majesty in Council 
the Draught of a Commission to be pass'd under the great Seal, 
agreeable to what is proposed. It is also ordered, that the Lords 
Commiss rs for Trade and Plantations do write the Circular Letters to 
the respective Governours, as proposed in the Report ; I have but 



BOUNDARY LINE PAPERS. 269 

just got a Copy of said Order, and this Ship's immediate Departure 
prevents me sending you a Copy of the same by this opportunity. 

Upon the application I formerly made to His Majesty in Council 
against a Report of the Lords of Trade for repealing a Law passed 
to prevent the Currency of New-Hampshire private Notes, it was 
then ordered, that the Lords of Trade should prepare a State of the 
Paper Currency, as it stands in Massachusetts Bay, Connecticut, 
New Hampshire, and Rhode Island, and lay the same before His 
Majesty in Council ; I understand they have accordingly prepared a 
State thereof, and delivered it at the office, but it not having been 
before Council, no Copy can be obtained at present I shall constantly 
attend, to know if any thing be design'd, relating to the Report for 
repealing the aforesaid Law, and shall use my Endeavours to prevent 
its Success. — 

London the 21 st Febru a 1736/7. 



\Petiti01i of Francis Wilks, 1736/7.] 

[Mss. Prov. Boundaries, pp. 89-96.] 

To the Queen's Most Excellent Majesty in Council, Guardian 
of the Realm, and His Majesty's Lieutenant within the same. — 
The humble Petition of Francis Wilksof London Merchant, Agent 
for your Majesty's Province of the Massachusetts Bay in New-Eng- 
gland, Sheweth 

That some time since John Rindge of His Majesty's Province of 
New-Hampshire, as Agent of the House of Representatives of the 
said Province, preferred a Petition to His Majesty, humbly praying 
to declare and ascertain the several Boundaries between the said 
Provinces of the Massachusetts Bay and New-Hampshire. 

That your Petitioner, having sent a Copy of the said Petition to 
the said Province of the Massachusetts Bay, received their Instruc- 
tions thereon, and apprehending he was thereby authorized thereto, 
and to avoid further Litigations & Expence he did consent and agree 
for & on behalf of the said Province of the Massachusetts Bay, that 
the said Boundaries might be determined and settled by wise dis- 
interested Persons of the Neighbouring Governments, to be nom- 
inated and appointed by His Majesty. 

That for the Reasons mentioned in a former Petition most hum- 
bly presented by your Petitioner to His Majesty, your Petitioner 



27O PROVINCE OF NEW HAMPSHIRE. 

apprehended his said Proposal to have been disagreed to, and rejected, 
and so he acquainted the said Province of the Massachusetts Bay ; in 
answer thereto the said Province acquainted your Petitioner he was 
not warranted by his Instructions in making the said Proposal, they 
only authorizing him to submit to have the Boundaries determined 
by wise disinterested Persons, to be chosen on the behalf of the Mas- 
sachusetts Bay by the Assembly of that Province out of the neigh- 
bouring Governments. 

That thereupon your Petitioner conceived himself bound in Duty 
to lay before His Majesty the mistake he had committed, before any 
thing was finally done therein, which your Petitioner accordingly did, 
but on hearing the said Petition before your Lordships, to whom the 
said Petition was referred, your Lordships, were pleased to report as 
your opinion to His Majesty, that it might be adviseable for His Maj- 
esty to appoint and authorize Commissioners to be chosen out of the 
neighbouring Provinces in America, to meet within a limited time, 
and mark out the Dividing Line between the said Provinces. 

That your Lordships on the 26 th Day of October last referred it to 
the Lords Commissioners of Trade and Plantations, to prepare, and 
lay before your Lordships such Directions as they should think 
necessary for His Majesty to give to the said Commiss rs specifying 
the time before which the said Commiss rs should hold their first 
meeting, the most convenient place for such their meeting, and of 
what number the Quorum should consist. 

That the Lords Commiss rs of Trade and Plantations have accord- 
ingly, by their Report bearing Date the 8 th Day of Dec r last, reported 
to your Lordships as their opinion, that the first Day of August 
1737, should be the Day, on which the Commissioners should be di- 
rected to hold their first meeting, and that the first meeting of the 
Commissioners should be appointed to be held at the Town of Hamp- 
ton in New-Hampshire, and that five of the Commiss rs should be 
deemed a sufficient Quorum. 

That your Petitioner humbly insisted before the Lords of Trade, 
that Newbury in the Massachusetts Bay was a more proper place 
than Hampton, and insisted the Quorum ought not to consist of less 
than a Majority of the Commiss rs nominated, who are 19 in number 
and insisted as a Reason for this, that by the Laws of the Land no 
man's Property could be affected by a less Number than a Jury of 12. 

That the Lords Commiss rs of Trade then proceeded to lay before 
your Lordships such Directions, as they should think necessary to be 
given to the said Commiss rs and amongst the rest are pleased to pro- 
pose, that each of the said two Provinces do send to the Commiss rs 
at their first meeting a Plan & full State of their Demands, or Pre- 



BOUNDARY LINE PAPERS. 2/1 

tensions, in writing, describing where, and what places, the Bound- 
aries on the Southern & Northern Parts of New-Hampshire ought to 
begin, what Courses, and how far, the same ought to run respectively, 
and that Copies thereof should be mutually exchanged. 

That your Petitioner humbly submits it to your Lordships Consid- 
erations, whether there be any Instance, where ever an obligation of 
this kind was laid upon the Parties in a case of the like nature, as 
there may be real Difficulties in complying therewith, your petitioner 
humbly hopes this shall not stand part of the Instructions. 

That the Lords Commiss rs of Trade and Plantations further pro- 
pose, that the whole of the Evidence, which shall be offer' d to the 
Commissioners, be put in writing by the Clerk, and in presence of 
the Commissioners. 

That your Petitioner humbly apprehends this ought to be done 
likewise in presence of the Witnesses, & that the Depositions, after 
so reduced into writing, should be read to the Witnesses, and then 
signed by them, and that the reducing the Evidence into writing 
ought not to be left to such Minutes thereof, as the Commissioner's 
Clerk may take. 

That in that part of the Report of the Board of Trade, which 
directs the Comm rs to adjourn, in order to give time to appeal, your 
Petitioner humbly apprehends it is not meant, or intended, that the 
Comm rs should have power to abridge the Six weeks proposed to be 
given for that purpose, whereas if the Directions, which are sent to 
the Comm rs run in the general words of the Report, or other reason- 
able time, it may be thought there they have such a power to 
prevent, which your Petitioner humbly submits to your Lordships, 
whether it may not be proper to express it, such further reasonable 
time, as the Commiss rs shall appoint. 

That your Petitioner further humbly apprehends, that by the said 
Directions proposed to be given to the Comm rs , the Copy of the Pro- 
cess is not ordered to be given, time enough for the Assembly to see 
it, before they must determine, whether they will appeal or not, but 
only a Copy of the Final Determination ; whereas the Evidence being 
what the Case must be determined by, your Petitioner humbly con- 
cieves it is reasonable they should have that also before them for 
their Consideration, to form a right Judgment, whether they ought 
to appeal or not. 

That your Petitioner humbly informs your Lordships, the Assem- 
bly of the Massachusetts Bay always meet twice in every year, viz 1 , 
the Spring and Fall Sessions, your Petitioner therefore humbly sub- 
mits it to your Lordships Considerations, whether it be necessary to 
keep the Assembly sitting, or under short Prorogations, during the 



272 PROVINCE OF NEW HAMPSHIRE. 

time of this inquiry as it may be of great and general Inconvenience 
to the Members, and create great Uneasiness in the Province. 

That the Report of the Lords Commiss rs of Trade and Plantations 
mentions, that your Petitioner had agreed, that the Charge attend- 
ing this Commission, and the Execution thereof, should be equally 
born between each Province, as to which your Petitioner begs leave 
humbly to represent to your Lordships, That, pursuant to his In- 
structions, he has in the strongest manner humbly insisted, that the 
Comrn" on behalf of the Massachusetts Bay ought to be named by 
the Assembly of that Province, but as it has been determined other- 
wise, and as it has been order'd, that a Commission should issue to 
the Commiss rs which have been proposed by the Lords of Trade, 
your Petitioner did declare he could make no objection to the Ex- 
pences attending the Execution of the Commission being born equally 
by both Provinces, and that he thought it reasonable it should be so, 
and he now offers nothing in opposition thereto, but your Petitioner 
being no otherwise concerned, than merely as an Agent for the Prov- 
ince of the Massachusetts Bay, and having had no Instructions from 
them in relation thereto, so he cannot consent or agree, to it, but he 
does not oppose it, as he thinks it reasonable it should be so. — 

That your Petitioner now humbly assures your Lordships he does 
not present this his Petition with the least view to retard or delay 
this affair, and as the strongest Evidence thereof, he does not insist 
to be heard by Council, but is willing, and thereby submits the sev- 
eral matters contained in this petition to your Lordships great Wis- 
dom and Justice, without desiring to be further heard thereon, hum- 
bly praying your Lordships to make the several before mentioned 
Alterations, in the Directions to be sent, the Commissioners, with 
such further and other Directions in relation thereto, as to your 
Lordships shall seem proper and necessary. — 

And your Petitioner shall ever pray. 



\_Nezv Hampshire Agents, 1736/7.] 
[Mss. Prov. Boundaries, p. yj-~\ 

October the 17 th 1 73 1 : In the House of Representatives : 

Cap 1 John Rindge was Chosen & appointed by the House of Rep- 
resentatives to Represent this Province at the Court of Great Brit- 
taine with power to Appoint — 



BOUNDARY LINE PAPERS. 273 

and in the Name of the House Desiering any Such ^son as he 
Shall think proper to Aid and Assist him in the affairs of the Lines 

Jan r 2 d 1733/4 Cap 1 John Rindge inform'd the House of his pro- 
ceedings in Great Brittaine in the affaire of the Lines & y 1 he left 
Cap t John Thomlinson to Represent the Province at home in his 
Stead. 

Jan r 11 th 1733/4 Cap* John Thomlinson In the House of Repre- 
sentatives was Voted to be Agent for this Prov e at the Court of Great 
Brittaine to Sollicit the speedy Setlem 1 of the Boundary Lines. 

gr jgth j 734 t^ sa ici Cap* Thomlinson was Chosen to Solicit the 
affaire of the Lines 

May 6 th 1 73 5 : Cap 1 Thomlinson was Chosen agent for this House 
to solicit the same affaire of the Lines 

Ap r 23 d 1736. Cap 1 Thomlinson was Chosen agent for this House 
to Solicit the same affaire of the Lines. 

Ma r 16 1736/7 Cap 1 Thomlinson was Chosen agent for this House 
to Solicit the same affaire of the Lines 

James Jeffry Cle r Ass m 



\_N. H. Committee to Attend Commissioners, 1737.] 
[Mss. Prov. Boundaries, p. til] 

Ap r i sc 1737 In the House of Representatives 

Voted That M r Speaker Wiggin John Rindge Esq 15 , M r Thomas 
Packer & Cap 1 James Jeffry be a Committee of this House to Joyne 
with Such as the Hon ble the Council shall appoint to Waite upon, 
and attend, the Commiss rs his Most Excellent Maj lie hath or may ap- 
point, to Mark out the Boundary Lines between the Province of 
Newhampshire : and the Province of the Massachusets Bay : and to 
Provide Witnesses, Pleas and, Allegations papers and Records to be 
presented & made before the Said Commiss rs in that affaire, and to 
provide for their reception and Entertainment : any five of such 
Comittee to be a Quorum : And that the Treasurer Supply Said 
Committee with such Money as may be needfull or Necessary in that 
affaire James Jeffry Cle 1 ' Ass m 

In Coun 1 Eod m die 

Read and Concurrd and Voted that M r President Walton Geo: Jaf- 
frey Jotham Odiorne and Theodore Atkinson Esq rs be joyned with 
the Gentlemen above for the Service above — 

Rich d Waldron Sec r y 

Same day assented to — J Belcher 



274 PROVINCE OF NEW HAMPSHIRE. 

\_Commission of Boundary Line Commissioners^ 
[Mss. Prov. Boundaries, pp. 136-139.] 

George the second by the Grace of God of Great Britain France 
and Ireland King, Defender of the faith &c a To our Trusty & well 
beloved George Clark, Francis Harrison Cadwalder Colden Abraham 
Van-Horn and Philip Levingston Esq rs Members of the Council in 
our province of New York in America ; Our trusty & well beloved 
John Hamilton, John Wells, John Reading, Cornelius Van-horn and 
William Provost Esq rs Members of the Council in our province of 
New Jersey in America; Our Trusty & well beloved William Skene, 
William Sherriffe, Henry Cope, Erasmus-James Phillips, & Otho 
Hamilton Esq rs Members of the Council in Our province of Nova 
Scotia in America ; And to Our trusty and well beloved Samuel Ver- 
non John Gardiner, John Potter, Ezekiel Warner & George Cornel 
Esq rs Members of the Council, in Our province of Rhode-Island in 
America Greeting. Whereas We have been informed that a dispute 
hath been long subsisting between our provinces of the Massachu- 
sets Bay and New Hampshire in America Relating to their Respec- 
tive boundaries, Know yee therefore that We reposing especial trust 
and confidence, in your abilitys discretion and integrity, have nomi- 
nated Authorized & appointed, and by these presents, Do nominate 
authorize & appoint you the Said George Clark, Francis Harrison 
Cadwalder Colden Abraham Van-horn, Philip Levingston, John 
Hamilton John Wells John Reading Cornelius Van-horn, William 
Provost William Skene William Sherriffe, Henry Cope Erasmus 
James Phillips Otho Hamilton, Samuel Vernon, John Gardiner John 
Potter, Ezekiel Warner & George Cornel, or any five or more of you 
to be our Commissioners for Settling Adjusting & determining the 
Respective boundaries of Our said provinces of the Mass a Bay & 
New Hamp r in America, in dispute as aforesaid. Our Will & pleas- 
sure therefore is that you repair by the first convenient oppertunity 
to the Town of Hampton Within the S d Province of New Hamp r as 
being most conveniently Situated for that purpose, and there hold your 
first meeting on the first day of August, in the year of our Lord 
Christ 1737 from which day & any future days of adjournment, you 
may adjourn to such time & times as may be most convenient for 
you, and in case five of you shall not be present on the said first day 
of August, or on any other day of adjournment, then Such or a Ma- 
jority of Such of you as Shall be present shall and May adjourn the 
further Execution of this Commission in manner aforesaid, and that 
at your first Meeting you do make choice of One or more Clerk or 



BOUNDARY LINE PAPERS. 275 

Clerks to Enter your Minutes and proceedings, as also of one or More 
Skilfull Persons to prepare draughts or Plans of the Country or boun- 
darys as there Shall be from time to time occasion, and that you do 
administer to such Clerks, or other Persons as you Shall Employ an 
oath or if they shall be of the People call'd Quakers, an affirmation 
for the due and faithfull execution of their trusts ; And That of the 
Commissioners present at any Meeting, he who is first named in the 
list of Commissioners, shall preside at such Meeting & shall Issue out 
the Necessary Summons for such Witnesses as Either Party shall 
require : And We do hereby direct and Command, that you our Said 
Commissioners do use all convenient dispatch in this affair, and that 
all determinations be made by a Majority of the Commissioners who 
shall be present at any meeting, provided there shall be then present 
five or More of the said Commissioners, and Our further Will & 
pleasure is, that in case Either of the Said Two Provinces whose 
boundarys are to be settled shall neglect to send to you at your first 
meeting the Names and Places of Abode of Two of their Publick offi- 
cers Residing in their Respective Provinces on Either of whom or at 
whose place of Abode, any notices Summons or final Judgment of 
you our Said Commissioners may be served or left, and in Case 
Either of the said Provinces shall also neglect To send to you Our 
said Commissioners at your first meeting a plain and full state of 
their demands or pretensions in writing describing where and in what 
places the boundarys on the Southern and Northern Part of New 
Hampsh r ought to begin, and what Courses and how far the same 
ought to run Respectively to the end that Copys thereof, may be 
mutually Exchanged in order to prevent any unnecessary delay, and 
that Each Party may come fully prepared, that Then you Our said 
Commissioners or any five of you in Either of these Cases do proceed 
Ex Parte ; And We do further direct and Command, that no Wit- 
nesses be allowed of by you to give Evidence, but such as shall be 
sworn, or shall take a solemn affirmation being of the People called 
Quakers before you, in open Court, which you are hereby impowered 
to administer, and that the whole of what such Witnesses shall offer 
to you be put in writing by the Clerk in the presence of you, and of 
the Respective Witnesses, and that the same be read to and Signed 
by the Respective Witnesses And We do further order, and direct 
that Entrys be made of all Papers Evidences deeds charters and 
proofs, Received by you in this affair, and of all your proceedings 
and Resolutions throughout the same, and that plans or draughts of 
Such boundary lines as Shall be agreed upon by you be Annexed 
thereto, and made Parts thereof, and Our further will & pleasure is, 
that, when you Shall have made your final determination and Sign'd 



2/6 PROVINCE OF NEW HAMPSHIRE. 

the same a Copy thereof shall be sent to Such Publick Officer or 
Officers in Each Respective Province as before mentioned as likewise 
notice of Another meeting to be held by you at the distance of six 
weeks, or at such further reasonable time as you Shall appoint not 
Exceeding three Calendar Months, at which said Meeting, Either of 
S d Provinces who shall find themselves aggrieved, may Enter their 
Appeal to us in Our Privy Council with a declaration what parts of 
the Determination of you the said Commissioners they abide by or 
appeal from, but if Neither of the Said Provinces do Enter their Ap- 
peal or Exception against your determination at Such last Meeting, 
Our will is, that then and In such Case no Appeal or Exception, 
shall be afterwards Received or Admitted, and Such determination 
of you our Commissioners being confirmed by us Shall be final and 
Conclusive to both the S d Provinces and further our Willis, that Each 
of the Said Provinces be permitted to take out at their own Expence 
Copys of the whole proceedings in this affair, to be Attested by three 
or more of you our Commissioners, In Witness whereof We have 
Caused these Our Letters to be made Patent - Witness Our Self 
at Westminster the ninth day of April in the tenth year of Our 
Reign 

By writ of Privy Seal Bisse Bray — 

Copy Rich d Waldron Sec r >' — 

Compared w th y e Original Sep 1 17, 1737. — 



[Mass. Committee to Escort Commissioners, 1737.] 
[Masonian Papers, Vol. 4, p. 115.] 

Prov: of the ) At a Council held at the Council Chamber in Boston, 
Massa: Bay \ July 27, 1737. 

Voted, That Thomas Berry and Benjamin Lynde jun r Esq rs be a 
Committee of this Board to meet His Majesty's Commissioners that 
may come from Rhoad Island or Elsewhere, and attend them thro 
this Province & to the Town of Hampton, in the Province of New 
Hampshire. Att r Simon Frost Dep* Sec ry 



BOUNDARY LINE PAPERS. 



277 



{John Rindge to Commissioners , 1737.] 
[Masonian Papers, Vol. 4, p. 116.] 



Province of 
New Hampshire 



Hampton August the first 1737/ 



May it please your hon rs 

I Presume each of you have received a Coppy of a Commission 
under the Great Seale Dated Aprill the 9 th 1737 — Appointing you 
& others Commiss rs to Settle the Boundaries, Between his Majesties 
Province of New Hampshire and the Province of the Massachusets 
Bay in New England — 

And as agent for the House of Representatives of New hampshire 
— This being the time and Place Appointed for the first meeting of 
the Commissioners, I here Produce you the Orriginall Commission 
under the Great Seal of England, which I now deliver to you & pray 
that A minite may be made thereof — 

I am with utmost Defference 

Yo r hon rs Most humble and most obedient Servant — 

J Rindge 



[Proceedings of the Boundary Line Commissioners. ~\ 
[Mass. Archives, Vol. 5, pp. 70-101.] 

[In place of the abstract here entered, this document is given in full 
from a duplicate original in Masonian Papers, Vol. 4, p. 117.] 

[Seal] At the Council Chamber Whitehall 

the 9 th day of February 1736 
Present 
The Lords of His Majestys most Honourable Privy Council 

Upon reading at the Board a Report from the Right Honourable 
the Lords of the Committee of Council for Plantation Affairs dated 
the 4 th of this Instant in the words following — Viz 1 

" Your Majesty having been pleased by Your Order in Council of 
" the 22 d of January 1735 to Approve of a Report then made to Your 
"Majesty by this Committee upon a Dispute which hath been long 



278 PROVINCE OF NEW HAMPSHIRE. 

" Subsisting between the Provinces of the Massachusets Bay and 
" New Hampshire relating to their respective Boundarys wherein it 
"was proposed to Your Majesty to Appoint and Authorize Commis- 
" sioners to be Chosen out of the Neighbouring Provinces in America 
"to meet within a limited time and Mark out the dividing Lines be- 
"tween the said Provinces Care being taken that private property 
"should not be affected thereby And Your Majesty having been 
"pleased at the same time to Order this Committee to Consider of 
" the Names of Persons proper to be appointed Commissioners for 
"that purpose as likewise of such directions as may be necessary to 
"be given to them in this behalf — the Lords of the Committee have 
"met several times to consider thereof and have taken the Opinion 
"of the Lords Commissioners for Trade and Plantations thereupon 
" and have heard Counsel in behalf of both the said Provinces And 
"Do thereupon Agree humbly to Report to Your Majesty as their 
" Opinion — 

" That the five Eldest Councillors in the respective Provinces of 
" New York New Jersey Nova Scotia and Rhode Island (except only 
" Major Mascarine one of the Council in Nova Scotia who appears to 
" be a person interested in the Province of the Massachusetts Bay) 
"may be appointed the Commiss rs for Settling the Boundarys in Dis- 
" pute — 

"That the first of August 1737 may be the day on which the 
" Commissioners may be directed to hold their first Meeting from 
" which they may adjourn to such times as may be most Convenient 
" for them — 

" That the Place to be appointed for such their first Meeting be 
" the Town of Hampton within the Province of New Hampshire as 
" being most conveniently Situated for that purpose 

" That five of the Commissioners be deemed a Quorum and that 
" all Determinations be made by a Majority of the Commissioners 
" who shall be present — 

" That either party who may find themselves aggrieved by the De- 
" termination of the said Commissioners be at liberty to Appeale 
" therefrom to Your Majesty in Council And that the said Commis- 
" sioners be Empowered and directed to Administer an Oath or Af- 
" firmation to all such persons as shall be found necessary to be ex- 
" amincd before them. 

" That the Commissioners be Directed at their first Meeting to 
" make Choice of one or more Clerk or Clerks to enter their Minutes 
" and Proceedings As also of one or more Skillfull Persons to prepare 
" Draughts or Plans of the Boundarys according to the Determina- 
" tion of the Commissioners who are also to administer an Oath or 



BOUNDARY LINE PAPERS. 279 

' Affirmation to such Clerks or other persons as they shall employ 
' for the due and faithful Execution of their Trusts. — 

" That in case each of the two Provinces whose Boundarys are to 
' be Settled shall neglect to send to the said Commissioners at their 
' first Meeting (pursuant to Directions to be sent to the Governor of 
' those Provinces by the Lords Commissioners for Trade and Planta- 

* tions) the Names and Places of Abode of two of their Publick Of- 
' ficers residing in that Province in either of whom or at whose place 
' of Abode any Notices Summons or final Judgment of the said 
' Commissioners may be Served or left — And in case they shall also 
'neglect to send to the said Commissioners at their first Meeting a 
' plain and full State of their Demands or Pretensions in Writing de- 
' scribing where and in what Places the Boundarys on the Southern 
'and Northern part of New Hampshire ought to begin and what 
' Courses and how far the same ought to run respectively — That 
' Copys thereof may be mutually exchanged in Order to prevent any 
' unnecessary Delay and that each Party may come fully prepared 
' that then the said Commissioners in either of these Cases do pro- 
' ceed exparte — 

" That the said Commissioners be directed to use all convenient 
' Dispatch in this Affair. — 

" That of the Commissioners present at any Meeting he who is 
'first Named in the list of Commissioners shall preside at such 
' Meeting and shall issue out the necessary Summons for such Wit- 
' nesses as either Party shall require 

" That no Evidence be allowed of by the Commissioners but such 
6 as shall be Sworn or take an Affirmation before them in Open 
' Court And that the whole of what such Evidence shall Offer to the 
' Commissioners be put in Writing by the Clerk in the presence of 
1 the said Commissioners and of the respective Witnesses and that 
' the same be read to and Signed by the Witnesses. — 

" That Entrys be made of all Papers Evidences Deeds Charters 
' and Proofs received by the Commissioners in this Affair and of all 
'their Proceedings and Resolutions throughout the same and that 
' Plans or Draughts of the Boundary Lines as agreed to by them be 
' annexed and made parts thereof. 

" That when the Commissioners shall have made their final Deter- 
' mination and Signed the same a Copy thereof shall be sent to such 
' Publick Officer in each respective Province as beforementioned as 
' likewise Notice of another Meeting to be held at the Distance of 
' Six Weeks or such further reasonable time as the Commissioners 
' shall appoint not exceeding three Months At which said Meeting 

* either of the Provinces who shall find themselves aggrieved may 



280 . PROVINCE OF NEW HAMPSHIRE. 

" enter their Appeal with a Declaration what parts of the Determi- 
" nation of the said Commissioners they Abide by or Appeale from 
" And that each Province be permitted to take out at their Own Ex- 
" pence Copys of the whole Process to be attested by three or more 
" of the Commissioners. — 

" That if neither party do Enter their Appeale or Exception 
" against the Determination of the Commissioners at such last Meet- 
"ing then no Appeale or Inception shall be afterwards received or 
"admitted and such Determination of the Commiss rs being Confirmed 
" by Your Majesty shall be final and Conclusive to all Party s — 

" If Your Majesty shall be pleased to Approve of the several par- 
ticulars aforementioned — The Lords of the Committee beg leave 
" humbly to propose that a Draught of a Commission may be pre- 
" pared agreable thereto in Order to be past under the Great Seal 
" of Great Britain — 

" And their Lordships further humbly Offer to Your Majesty that 
" the Charges attending this Commission and the Execution thereof 
" shoulcl be equally born between each Province the Agents of the 
" said Provinces having Agreed that it was reasonable so to be — 

" And that the good purposes proposed by this Commission may 
" not be frustrated by any Failure in the Execution thereof — Their 
"Lordships beg leave to propose to Your Majesty that Circular Let- 
" ters be wrote by the Lords Commissioners for Trade and Planta- 
" tions to the respective Governors of New York New Jersey Nova 
" Scotia and Rhode Island acquainting them with Your Majesty's In- 
" tentions to issue such Commission as is above proposed and Direct- 
" ing them to inform the Commissioners resident within their re- 
" spective Provinces of the time and Place intended to be appointed 
" by the said Commission for the first Meeting of the said Commiss rs 
" And to recommend it Strongly to such of the said Commiss rs as are 
"able, to go and attend this Duty — And to the end that all Partys 
" may be prepared to proceed before the Commissioners at their first 
" Meeting — Their Lordships beg leave further to propose that Let- 
" ters be likewise wrote by the said Lords Commissioners for Trade 
" and Plantations to the Governor of the Massachusetts Bay and 
" New Hampshire to recommend to the respective Councils and 
" Assemblys of the said Provinces to appoint two of their Publick Of- 
" ficers residing in the said Provinces on either of whom or at whose 
" Place of Abode any Notices Summons or final Judgment of the 
" said Commissioners may be Served or left And to send the Names 
" and Places of Abode of such Officers to the said Commissioners at 
" their first Meeting together with a Plain and full State of their De- 
" mands or Pretensions in Writing describing where and in what 



BOUNDARY LINE PAPERS. 28 1 

" places the Boundarys on the Southern and Northern part of New 
" Hampshire ought to begin and what Courses and how far the same 
" ought to run respectively — And to acquaint them that in case of 
" their Omission so to do, the said Commissioners are Empowered to 
" proceed Ex parte — 

Which Report being this day Approved, It is thereupon Ordered 
in Council that His Majestys Attorney and Sollicitor General do pre- 
pare and lay before His Majesty at this Board The Draught of a 
Commission to be past under the Great Seal Agreable to what is 
therein proposed, And that they do insert in the said Draught such 
other Clauses as may be necessary in a Commission of this Nature, 
and as may tend to the better carrying His Majestys intentions in 
this behalf into Execution And it is hereby further Ordered in Coun- 
cil That the Lords Commissioners for Trade and Plantations do write 
the Circular and other Letters to the respective Governors of His 
Majestys Plantations as proposed by the said Report. — 

W = Sharpe 
I Aug 1 1737. In the morning. 

At a Meeting of 4 of the Comm rs then held the above Comm'on 
was read & W m Parker a Gent of New Hampshire was appointed by 
the Comm rs to take Minutes of their Proceedings untill there sho d 
be a quorum of the Comm rs present & an Oath was adm r ed to him 
for the ffaithfull Discharge of that Trust 

Then a Com'ee of 8 Gent appointed by the Gen 11 Court of the 
Province of New Hampshire appeared & laid before the Comm rs a 
Vote of the Gen 11 Court of that Province passed by the Gen 11 Assem- 
bly 1. April 1737.* appointing them a Com'ee to attend the Comm rs 
his Ma'tie had or might appoint to mark out the Boundaries between 
the s d Provinces & to provide Witnesses Pleas & Allegations Papers 
& Records to be presented & made before the s d Comm rs in that 
affair & to provide for the reception & entertainm* of the Comm rs , & 
any 5 of the s d Com'ee to be a Quorum, With an Order upon their 
Trea'rer to supply the s d Com'ee with such money as might be need- 
full or necessary in that affair, ffo: 6. 7 — 

The New Hampshire Com'ee then laid before the Comm rs in writ- 
ing the names of 2 Publick Officers (Viz* Rich d Waldron Secr'y & 
Eleazer Russell Esq 1 " Sheriff of s d Province both of Portsmouth in 
New Hampshire) on whom the Comm rs Summons or ffinall Judgm* 
might be served untill ffurther Order made by the General Court — 

^Printed. State Papers, Vol. IV., p. 732. 
19 



282 PROVINCE OF NEW HAMPSHIRE. 

[In place of the abstract here entered, this document is given in full 
from the original in Masonian Papers, Vol. 4, p. 119.] 

Province of ) To The HoN ble the Commission 1 " 5 Appointed by His 
New Hamp r \ Majesty's Commission under the Great Seal to Settle 

the boundary Lines between His Majesty's Province of New 

Hampshire & the Mass a Bay in New England — 

Whereas it is Recommended by an Order of Council & Approved 
of by His Majesty to the Respective Councils & Assemblies of the 
Provinces whose Boundaries are to be Settled, to Appoint two of 
their Public Officers Residing within each Province on either of whom 
or at whose Place of abode any Notices Summons or final Judgment 
of the Commission 1 " 5 may be Served or Left — 

And inasmuch as the Council & Assembly of New Hampshire 
have not been Convened Since the Arrival of the Said Order and 
that there Should be no failour for want of Such Officers being Nom- 
inated. — 

We the Committee Appointed by the Gov 1 " Council & Assembly 
of this Province to Provide Witnesses Pleas &c. to be presented & 
made before Your Hon rs Do hereby Appoint Richard Waldron Esq 1 " 
Sec ry of the Province of New Hampshire And Eleazer Russell Esq 1 " 
High Sheriff of Said Province both of Portsmouth In the Province of 
New Hampshire — To be Publick Officers On whom or at whose 
places of Abode any Notices Summons or final Judgment of Your 
Hon 1 " 5 may be Served or Left — these we Appoint until further Or- 
ders may be made by the General Court — 

We are in behalf of His Majestys Province of New Hampshire 

Yo r Hon 15 Humble Serv ts 
Hampton Aug st I st 1737/ Sha d Walton 

Geo. Jaffrey 
Jotham Odiorne 
Theodore Atkinson 
And 1 ' Wiggin ' Committee 

J Rindge 
Tho s Packer 
James Jeffry 

The s d New Hampshire Com'ee also laid before the Comrn 1 ' 5 
Another paper containing the Demands of New Hampshire with re- 
spect to the Boundaries of the 2 Provinces — Which Setts forth 

State of the Demands of New Hampshire 



BOUNDARY LINE PAPERS. 283 

[In place of the abstract here entered, this document is given in full 
from the original in Masonian Papers, Vol. 4, p. 120.] 

Prov. of ) To The HoN ble the Commissioners Appointed by 
N. Hamp r \ His Majestys Commission under the Great Seal to 
Settle the boundary Lines between His Majesty's Province of New- 
Hampshire & the Province of the Massachusets Bay in New Eng- 
land. 

We the Subscribers being a Committee Appointed by the Gen- 
eral Court of New Hamp r to lay before Your Hon rs a plain and full 
State of the demands & Pretentions of this Province together with 
Such Pleas & Allegations as we shall think necessary to Support & 
maintain the Same — Do now Inform Your Hon rs That New Hamp- 
shire is a Small Province Laving principally between that which was 
formerly the Colony of the Mass a Bay & that Tract of Land called 
then the Province of Main which are Now Incorporated into One Prov- 
ince by the Charter of King William & Queen Mary Dated Octob r 
20 th 1 69 1 Bounded Viz — 

" All that part of New England in America laying & Extending 
" from the Great River commonly called Monomack alias Merimack 
" on the North part, & from three Miles Northward of the Said 
" River to the Atlantic or Western Sea or Ocean on the South part, 
"& all the Lands & Hereditaments whatsoever lying within the Lim- 
" its aforesaid & Extending as far as the outermost points or Prom- 
" ontories of Land called Cape Cod & Cape Malabar North & South 
" & in Latitude, breadth, And in Length & Longitude, of & within 
" all the breadth & Compass aforesaid through-out the main Land 
" there, from the Said Atlantic or Western Sea, And Ocean on the 
" East part towards the South Sea, or Westward as far as our Col- 
" onies of Rhode Island, Connecticut, & the Narragansett Country : 
" And also all that part & portion of Main Land, beginning at the 
" entrance of Piscataqua Harbour, and So to pass up the Same into 
"the River of Newichwannock & thro' the Same into the farthest 
" head thereof, & from thence North Westward till one hundred and 
"twenty Miles be finished, & from Piscataqua Harbour mouth afore- 
" said North Eastward along the Sea Coast to Sagadohock & from 
" the Period of One hundred & twenty Miles aforesaid to Cross Over 
" Land to the one hundred and twenty Miles before Reckoned up 
" into the Land from Piscataqua Harbour through Newichwannock 
" River & also the North half of the Isles of Shoals " &c. — 

In behalf of His Majesty & of his Governm t of the Province of 
New Hampshire We do demand & Insist that the Southern boundary 
of Said Province should begin at the end of three Miles North from 



284 PROVINCE OF NEW HAMPSHIRE. 

the Middle of the Channel of Merrimack River where it runs into 
the Atlantick Ocean, and from thence should run on a Straight Line 
West up into the Main Land (towards the South Sea) until it meets 
with His Majesty's other Governments — 

And that the Northern Boundary of New Hampshire should begin 
at the Entrance of Piscataqua Harbour & so to pass up the Same 
into the River of Newichwannock & through the Same into the fur- 
thest head thereof and from thence North Westward (that is North 
less than a quarter of a point Westerly,) as far as the British Domin- 
ion Extends, and also the Western half of the Isles of Shoals, we 
say lyes within the Province of New Hampshire — 

We also demand that the Charge Attending the Commission under 
the Great Seal Impowering Your Hon rs to determine the Said Bound- 
aries & the Execution thereof be Equally Born by Each Province ac- 
cording to the Order of Council of the 9 th of Feb ry 1736 and Ap- 
proved of by His Majesty 

All which is Submitted to Your Honours in behalf of the Gov- 
ernment of New Hampshire by 

Your Hon rs Humble Serv ts 

Hampton August I st Sha d Walton 

1737 Geo. Jaffrey 

Jotham odiorne 

Theodore Atkinson 
A 1r ,, T . . VCommittee 

And r vviggm 

J Rindge 
Tho s Packer 
James Jeffry 

The Comm rs then Ordered the s d Papers to be laid on the Board & 
Adjourned to 4 o' Clock in the afternoon 

The Comm rs at their Meeting in the afternoon according to Ad- 
journm 1 (when a Quorum of the Comm rs 7 in number attended) Ap- 
pointed the s d W m Parker to be their Clerk, & George Mitchell Dep- 
uty Surveyor of his Ma'ties Woods in North America to be their 
Surveyor to make Plans & Drafts for 'em, Both whom they swore to 
the ffaithfull Discharge of their Office — ffo : 12. 13. 

Two of the Council of the Province of the Massachusetts Bay 
then laid before the Comm rs a Vote of the Gen 11 Court of that Prov- 
ince passed by the Gen 11 Assembly 4 July 1737. — 

[In place of the abstract here entered, this document is given in full 
from Masonian Papers, Vol. 4, p. 121.] 

At a Great and General Court, or Assembly for His Majesty's 
Province of the Massachusetts Bay in New England, Begun and Held 
at Boston upon Wednesday the Twenty fifth Day of May. 1737. — 



BOUNDARY LINE PAPERS. 285 

In Council 

July, 4 th Ordered, That Josiah Willard Esquire Secretary of 
this Province, and Edward Winslow Esquire, Sheriff of the County 
of Suffolk, be, and hereby are Appointed the Public Officers On 
whom or at whose Place of Abode Any Notices, Summons, or other 
Process of His Majesty's Commissioners for the Settling the Boun- 
dary Line between this Province, and the Province of New Hampshire 
may be Served or left. 

Sent down for Concurrence 

Simon Frost Dep* Secry. 

t 
In the House of Representatives, July 5, 1737. 

Read, and Concurr'd J Quincy Sp kr 

Consented to, J Belcher 

A true Copy Exm'd ^ Simon Frost Dep 1 Sec ry 

N. B. The Dwelling House or place of Abode of Josiah Willard 
Esq r is in School Street, & of Edw d Winslow Esq r above named is in 
Kings Street in Boston within the Province aboves d 

Att r Simon Frost Dep t Sec r y 

The s d 2 Members of the Massachusetts Council also laid before 
the Comm rs , 

A Letter from the Secr'y of that Province. 

[In place of the abstract here entered, this letter is given in full from 
Masonian Papers, Vol. 4, p. 122, and Province Boundaries, p. 113.] 

Gentlemen, 

I am Commanded by His Excellency the Governour, and the 
Council of this Province to acquaint You, That at the Time of the 
Rising of the General Assembly in Boston, there was no Account 
that any Commission from His Majesty was arrived, or so much as 
made out, for adjusting of the Differences between this Province, and 
the Province of New Hampshire, referring to their Boundary Lines, 
and therefore the said Assembly was Prorogued to the Fourth Day of 
August, which happens to be Three Days after the first Day of the in- 
tended Meeting of the Commissioners on that Affair ; That the 
Assembly appointed a Committee to Draw a State of the Case, 
respecting the Boundaries, in Order to the Court's preparing a State 
of their Demands, agreeable to His Majesty's Order in Council ; 
which the Court will doubtless at their first Meeting have ready to 



286 PROVINCE OF NEW HAMPSHIRE. 

lay before the Commissioners at Hampton without any Delay ; And 
therefore the Governour and Council Desire You would not suffer 
this Province to receive such a Prejudice by this short Delay, as will 
be the Consequence of Your proceeding Decisively without receiving 
Our Demand : And they are the rather inclined to expect this Jus- 
tice from you, because they cannot conceive, That by the first Meet- 
ing mentioned in the Commission, any thing else can be intended 
than the first Session where no long adjournment shall intervene, it's 
not being said the first Day of their Meeting. 

And for as much as the Government of New Hampshire have not 
appointed Persons at whose Places of abode, Summons &c are to be 
left", the Board apprehend it to be as Essential a Defect, according to 
the Kings Commission, as the not giving in a State of the Demand, 
Since That ought to be previous to This ; And that therefore New 
Hampshire can give in No state of their Demands, nor have them 
Considered till the Other Article be comply'd with. 

On the whole, the Governour and Council doubt not but this Prov- 
ince will have equal Justice from the Commissioners, with the other 
Province. 

I am, Gentlemen, 

Your Most Obedient Humble Servant, 

Boston, July 27, 1737. J Willard Sec'ry. 

Herewith is inclosed the Vote of the General Assembly of this 
Province referring to the publick Officers at whose Places of Abode 
Summons's &c are to be left. J W 

After reading of which the Court Ordered the ffurther cons: there- 
of to be deferred to Tuesday 2 d Aug 4 & the cons: of the papers laid 
before the Comm rs by the Com'ee of New Hampshire were deferred 
to a future day & the Court Adjourned to Tuesday at 10. ffo : 16. 

2 Aug 1 1737. 

The Comm rs read & took into cons: the s d Vote & Letter from the 
Massachusets & resolved to send an Answer to the Secr'y of the 
Province of the Massachusetts. 

The Com'ee for New Hampshire then Presented a Remonstrance 
in writing to the Comm rs — 

[Instead of the abstract here entered, this document is given in full 
from the original in Masonian Papers, Vol. 4, p. 123.] 

Province of ) To the Honourable the Commission 1 " 5 Appointed by 
New Hampsh r J His Majesty to Settle the Boundary Lines between 



BOUNDARY LINE PAPERS. 287 

the Provinces of New Hampsh r & y e Massachusets Bay in New- 
England 

We the Committe Appointed by the Gen 1 Court of the Province of 
New Hampsh r to prepare a State of the Demands & Claim of the 
Government of His Majestys Province of New Hampsh r and Pleas & 
Allegations to Support the Same Beg Leave to Observe to Your 
Honours That this Dispute & Controversy between the two Prov- 
inces aforesaid touching their Respective Boundarys has bin Long 
Subsisting and dureing the whole the Govern^ of y e Massachusets 
Bay has shewn a great Backwardness and Even Aversion to any 
Measures that had a Tendency to the Settlement thereof (being Con- 
cious as We Suppose that they could by no Colour of Right Support 
their Pretentions and that they made daily Incroachments on the 
King's Lands) And Since the last Essays on the part of New Hamp- 
sh 1 ' to have the Matter Ended by Peticion to His Majesty Whereby 
the Affair has bin Brought to the State it now Stands in the Massa- 
chusets by their Agent in England used all the Artifices and Devices 
Imaginable to Procrastinate and Delay the Issue Whereupon the 
Agent for New Hampsh r Warily Guarded against them on that quar- 
ter and Peticiond His Majesty in Councill among Other Things that 
the Commissioners might be Instructed & Directed to make all Con- 
veniant Dispatch, and as an Expediant thereunto that Each of y e 
Contending Provinces might be Directed and Oblidged to Put in a 
full and Plain State of their Demands and Pretentions on the first 
day of the meeting of y e Commissioners Pursuant to Which, His 
Majestys Commission under the Great Seale which Gives Your Hon- 
ours Cognizance of this affair Particularly Directs and Commands 
that all Conveniant Dispatch be Made And in order thereunto that 
Each Province put in a plain and full State of their Demands & Pre- 
tentions in Writeing Describeing Where and in what Places the 
Boundarys on the Southern and Northern part of New Hampsh r ought 
to begin, and What Courses and how far the Same ought to Run on 
Pain of Being Proceeded against ex parte for their Neglect (that is 
as We understand it That Your Honours should Hear only what that 
Province had to Say which Should Obey the Direction of His Majes- 
tys Commission) of which as Well as His Majestys Order of Councill 
Dat d ffebruary y e 9 th 1736 to the Same Purpose both the s d Provinces 
have had timely and Seasonable Notice. 

This order and Direction of His Majesty (as all others Relateing 
to this affair) has been Carefully Observed and Attended by Us of 
New Hampsh r to the Utmost of Our Power on the Part and Behalfe 
of this Government. 

And as the Government of the Massachusets have not Observed 
and Obeyed It But Agreeable to their usuall Method in this Case 



288 PROVINCE OF NEW HAMPSHIRE. 

have Delayed the Matter and Made no seasonable Preparation as 
they themselves Confess as to a State of their Case and Extent of 
their Claim (in Direct Opposition to that Materiall and Essentiall 
Clause of His Majesty's Commission) But Instead thereof Pray that 
Your Honours would Suspend the affair to Give them more time. 

We Therefore in Behalfe of the Government of New Hampshire 
Except Against any Claim or Demand of the Massachusets being 
now Received by Your Honours And Doe Hereby Utterly Object 
and Protest against their Puting in and Laying before Your Honours 
any Evidence of any Kind Whatsoever Relateing to this affair and 
Against Your Honours Receiveing and Considering any Matter or 
Thing Whatsoever that they Shall Now Offer 

And We in Behalfe of the Government of the Province of New 
Hampsh r Pray that Your Honours would Proceed upon the Matters 
in Dispute by the Help of Such Arguments Papers & Evidence as 
Shall be Lay'd before Your Honours on the Part of New Hampsh r — 
And that this Our Bill of Exception may be Entered at Large in 
Your Journalls & Minits and Made a part of the Same 

We are in Behalfe of his Majesty's Government of New Hampsh r 

Y r Honours Most Obed 1 Humb 1 Serv ts 
Hampton Aug st 2 d 1737 Sha d Walton 

Geo. Jaffrey 

Jotham Odiorne 

Theodore Atkinson 

And r Wiggin 

J Rindge 

Tho s Packer 

James Jeffry 

The Court then took under cons: Whether the Massachusetts sho d 
have a day Assigned them to bring in their Demands & Resolved 
that they sho d have time till 8 Aug 1 & no longer to bring in their 
Claim & Demands & their Clerk was Ordered to write to the Sec'ry 
of the Province to acquaint him therewith, Which was accordingly 
done & the Comm rs then Adjourned to Monday 8 Aug 1 ffo: 20 

[This letter is here given in full from Masonian Papers, Vol. 4, 

p. 124.] 

S r The Hon blc the Court of Commiss rs Appointed by His Majesty 
to Settle the boundary Lines between y e Provinces of the Mass 3 Bay 
& New Hamp 1 ' have Ordered me to Inform you that they have Re- 
ceived Your Letter of y c 27 of July last wherein you have made no 
further Demands than only that they would grant a further time for 



> Committe 



BOUNDARY LINE PAPERS. 289 

y e Prov of the Mass a to prepare a State of their pretentions &c w ch 
y e Court has Considered & thereupon Resolved that they would Sus- 
pend the further Consideration of the Matters in Dispute until Mon- 
day y e 8 th Inst 1 at which time (at furthest) they Expect that the Prov- 
ince of the Mass a Send to them a Plain & full State of their Demands 
or pretentions in Writing describing where & in what places the 
boundarys on the Southern & Northern part of New Hamp r ought to 
begin & what Courses & how far the Same ought to Run Respec- 
tively — otherwise the Court will agreeable to the Direction in their 
Commission proceed to Settle y e Said Boundary Lines Ex parte — 
by order of the Said Court 
Hampton Aug 2. 1737 W m Parker Cler 

Josiah Willard Esq r Sec r of y e Prov of the Mas 3 Bay 

8 Aug 1 1737 

The Com'ee for the Massachusetts Bay being 10 in number laid 
before the Comm rs a Vote of the Gen 11 Court of the Province appoint- 
ing them Agents in behalf of the Province to attend the Comm rs in 
support of the Claim of the s d Province, & likewise Presented to the 
Comm rs the ffoll State of their Demands approved of by the Gen 11 
Court & Assembly of the Massachusetts. 

[This document is here given in full from Masonian Papers, Vol. 4, 

p. 125.] 

At a Great and General Court or Assembly for His Majesty's 
Province of the Massachusetts Bay in New England, Held at Bos- 
ton by Prorogation the 4 th Day of August, 1737. — 

In the House of Representatives August. 5. 1737. 

Voted That Elisha Cooke Esq r M r Thomas dishing Job Almy 
Esq 1 ' Henry Rolfe Esq r and M r Nathaniel Peaslee with such as shall 
be joined by the Honourable Board be Appointed Agents in behalf 
of this Province And are hereby fully Authorized and Impowered to 
Appear before the Hon ble His Majesty's Commissioners Appointed 
to Settle the Boundaries between this Province and New Hampshire 
(any Five of whom to be a Quorum) and that they Lay the State of 
the claims and Demands of this Province relating to the said Boun- 
daries before them, And Support the same in the best manner they 
can — 

Sent up for Concurrence J Quincy Sp kr 

In Council August. 5. 1737. 



29O PROVINCE OF NEW HAMPSHIRE. 

Read and Concur'd and Edmund Ouincy, William Dudley Samuel 
Welles, Thomas Berry and Benj a Lynde jun r Esq rs are Joined in the 
Affair — J Willard Secry — 

Consented to. J Belcher/ 

•A true CojDy Examined ^ J Willard Sec'ry. 

State of Massachusetts Demands ffo: 24 to 27. 

[In place of the abstract here entered, this document is given in full 
from the original in Masonian Papers, Vol. 4, p. 126.] 

Province of the ^ To The Honourable His Majestys Commission- 
Massachusetts Bay Vers for marking out and setleing the Boundarys 
in New England J between the Province of the Massachusetts 

Bay, and the Province of New Hampshire as well on the Southern 

as on the Northern part of New Hampshire 

A Brief and Plain State of the Claims and Demands of the Prov 
ince of the Massachusetts Bay touching the Boundarys aforesaid by 
them presented — 

Whereas His Majesty King Charles I st by His Letters Patents 
Dated 4 Car. March 4 th 1628 Erected the Colony of the Massachu- 
setts Bay into a Corporation Government Describing their bounds to 
Comprehend all the Lands lying between Merrimack River and 
Charles River and all the Lands lying within three miles on the 
Southside of Charles River or any part of it and all the Lands lying 
within three miles and to the Northward of Merrimack River or any 
part of it, and ail the Lands within the Limits aforesaid North and 
South in Latitude and breadth, and in length & Longitude within all 
the breadth aforesaid throughout the Main lands from the Atlantic 
Ocean to the South Sea. 

And afterwards by his Letters Patents Dated Anno 1639, erected 
the Province of Main bounding it on the Southwest Thus Viz 1 begin- 
ning at the Entrance of Piscataqua Harbour passing up the Same to 
the River Newichwannock thro that to the furthest head thereof, and 
from thence to run Northwestward till one hundred and twenty miles 
be finished — 

On the 20 th July 1677 upon the Petition of M r Mason, and M r 
Gorges against the Colony of the Massachusetts Bay, the Northern 
bounds of this Colony were brought in Judgment before His Majesty 
Kinc: Charles the Second and after Several References and Hearings 
His Majestys final Judgment in Council thereupon was given Viz 1 
That the North and South bounds of this Colony so far as the Riv- 
ers extend shall follow the Course of the Rivers, but when those 



BOUNDARY LINE PAPERS. 20,1 

known boundarys determine, the breadth shall be carried on by Im- 
aginary Lines to the South Sea. 

Upon that Supream Judicial Determination and within two years 
after it King Charles the Second by his Letters Patents Erected the 
Province of New Hampshire bounding the Same from three miles 
Northward of Merrimack River, or any part thereof, to the Province 
of Main. 

King William and Queen Mary by their Letters Patents dated 7 th 
October 1691 united the late Colony of the Massachusetts the Prov- 
ince of Main with other Adjacent Territorys and erected them into 
One Real Province by the Name of the Province of the Massachu- 
setts Bay in New England with which the Southern and Northern 
boundarys of Newhampshire are now to be Setled marked out, and 
plans thereof made to prevent all future Disputes concerning the 
Same. 

Now therefore Pursuant to these Antient Grants from the Crown 
made above a hundred years agoe acknowledged and more particularly 
explained in that Judicial Determination of the King in Council and 
recited and Confirmed in the Province Charter, The Province of the 
Massachusetts Bay Claim and demand Still to hold and possess by a 
boundary Line on the Southerly Side of New Hampshire beginning 
at the Sea three English miles North from the black Rocks So called, 
at the Mouth of the River Merrimack as it Emptied it Self into the 
Sea Sixty years agoe, thence running Parralel with the River as farr 
Northward as the Crotch or parting of the River, thence due North 
as far as a certain Tree Commonly known for more than Seventy 
Years past, by the Name of Indicots Tree, Standing three English 
miles Northward of said Crotch or parting of Merrimack River, And 
from thence due West to the South Sea, which they are able to prove 
by Antient and Incontestable Evidences are the bounds intended 
Granted and Adjudged to them as aforesaid ; which Grant and Set- 
tlement of King Charles the 2 d Anno 1677 as abovesaid, we Insist 
upon as Conclusive and Irrefragable. 

And on the Northerly side of New Hampshire a boundary Line 
beginning at the Entrance of Piscataqua Harbour passing up the 
Same to the River Newichwannock through that to the furthest head 
thereof, and from thence a due Northwest Line, till one hundred and 
twenty miles from the Mouth of Piscataqua Harbour be finished, 
which is the extent of the Province of the Massachusetts Bay on that 
part, And therefore We doubt not but that you will Judge it just and 
reasonable to Order the bounds and lines beforementioned to be run, 
mark'd out and Established accordingly, so far as New Hampshire 
extends ; and desire that plans thereof may be made for the perpetual 
Remembrance of them — 



292 PROVINXE OF NEW HAMPSHIRE. 

By Order of the Great and General Court or Assembly for the 
Province of the Massachusetts Bay in New England aforesaid — 
Boston August 5 lh 1737. J Willard Sec'ry. 

ffo : 27. The Comm rs after having heard the Demands of each 
Province read Ordered their Clerk to prepare Copys thereof to be 
mutually Exchanged in order to their answering the same Which be- 
ing done & the Copys Exchanged in Court The Court Adjourned to 
the next day being the 9 th of that Aug 1 that the resp'ive Com'ees 
might then Present their Ans rs to each others Demand — And ac- 
cordingly 

9 same Aug 1 ffo: 28 — The Comm rs met & appointed another 
Clerk Benjamin Rolfe a Massachusetts man & neither of the Com'ees 
being ready with their Ans rs The Court Adjourned to Wednesday 
the 10 th 

10 Aug 1 1737 — Further Adjournment to 1 I th 

[Gov. Belcher s Message to N. H. Assembly, 1737.] 

[Mss. Prov. Boundaries, p. 125.] 

Gent 111 of the Councill and house of Representatives — 

His Maj ties Commissioners for Settling the boundries Between 
this Province and that of the Massachusetts Bay being arrived and 
ready to Enter on their busness the first thing this Assembly has to 
do, is the Chuseing and Appointing two Officers with whome any 
Notice from the said Commissioners may be left Agreeable to his 
Maj ties Commission — 

I prorogued this Court to this time and place & that of the Mass a 
to the Town of Salisbury that the two Assembly s Might Sit Near to 
one another y e better to facilitate all Matters that may be brott for- 
ward respecting this Long Depending Controversy, to which I heart- 
ily wish a just And frindly Issue — 

Hampton Aug st 10 th 1737 J Belcher 

1 1 Aug 1 1737 — The Comm rs met (& the Massachusetts having ob- 
tained lib'ty to amend 2 Clerical mistakes in dates in their Claim & 
lib'ty being also granted to the New Hampshire Com'ee to Amend 
their Ans r where it referred to the mistakes in the s d Claim which 
being done) Both Province delivered in their Answers to each others 
Claim to the following effect. 



BOUNDARY LINE PAPERS. 293 

Answer New Hampshire to Massachusetts Claim, ffo : 29 

[In place of the abstract here entered, this document is given in full 
from the original in Masonian Papers, Vol. 4, p. 127.] 

Province of ) To the Honourable His Majesty's Commis- 
New Hampsh 1 " \ sioners for Marking out & Settling the Boundaries 
between the Province of New Hamp r & the Province of the Mass 4 
Bay in New England 

Saving the benefit & Advantage which may Arise from the Bill of 
Exception And Protest as filed in Court the Second Inst 1 , in behalf of 
His Majesty's Governm 1 of New Hampshire — This is Presented to 
Your Hon rs as a Reply to the Demands & Pretensions of the Prov- 
ince of the Mass a Bay Entred & filed the Eighth Curr 1 as also in 
Support of the Demands & Pretensions of the Province of New 
Hampshire as Enter'd the first Inst 1 — And in the first Place We 
beg Leave to Observe to Your Honours that they begin with the 
Charter of King Charles the first Dated in 1628, And the Grant for 
the Province of Main in 1639, as a ^ so with Informing Your Hon rs 
of a Determination of His Majesty King Charles the 2nd in the 
Year 1677 of a Dispute between M r Mason & M r Gorges on the One 
part, & the Late Colony of the Mass a on the other part, And which 
they Insist on as Decisive in the Present Controversy and as they 
term it Irrefragable — In Answer to which we Say, that If they had 
an Intension to make any Use of that Judgment they have Slip'd 
the proper Season for it, it would have been (as we Apprehend) 
proper to have pleaded it in bar to any New Tryal, in answer to the 
Petition for the Same to His Majesty in behalf of the Province of 
New Hamp 1 ' that it cannot with Propriety be considered in the Merit 
of the present Cause even Supposing that that Determination had 
been on their Present Charter — 

But we further Say, that Judgment is nothing to the purpose in 
the Present Dispute And Ought by no means to weigh in Your Hon rs 
Judgment, for we Insist that it is Intirely Void — as will Appear if your 
Hon rs will please to Observe, that in the Year 1684 in the thirty Sixth 
Year of the Reign of King Charles the Second Judgment was given in 
the Court of Chancery upon a Writ of Scire facias bro't & prose- 
cuted in Said Court against the Gov r & Company of the Massachu- 
sets Bay in New England, for Cancelling Vacating and Annihilating 
the said Charter granted by King Charles the first, as may more 
Largely Appear by their Present Charter — So that by the afores d 
Judgment there was an end to all the Particular bounds & Privileges 
granted by the Said Charter and also of the Constitution it Self — 
And then the Province of the Mass a Bay was under the Kings Im- 



294 PROVINXE OF NEW HAMPSHTRE. 

mediate Government, until the Year 1691 when upon the Application 
of Persons Imploy'd as Agents for the Massachusets, to their Majes- 
tys King William & Queen Mary, a New Charter was granted which 
appears by the Said Charter. Which Charter was Received by the 
Petition rs & which they Govern themselves by, & Look upon as the 
basis and foundation of their Constitution, & from which they Date 
their first Laws all before that time having by the aforesaid Judg- 
ment been Annihilated. — 

Now this Charter differs from the former in many Material points, 
but Especially in the bounds of the Province, & by this Charter only 
the Present Dispute must be Determin'd. which bounds they urge 
must " begin at the Sea three English Miles North from the black 
" Rocks So called at the Mouth of the River Merrimack as it Emp- 
" tied it Self into the Sea Sixty Years ago, thence running Parralel 
" with the River as far Northward as the Crotch or parting of the 
" River thence due North as far as a Certain Tree commonly known 
" for more than Seventy Years past by the Name of Indicots Tree 
" Standing three English Miles North ward of the Said Crotch Or 
" parting of Merrimack River, & from thence due West to the South 
" Sea" &c — 

In Answer to which we Say we know of no Such Tree as they 
mention, nor can we distinguish that Crotch of the River they speak 
of, from many other Crotches or partings of the River Merrimack, 
there are between the mouth of the River & Winnepiseoke Pond — 
We find no mention made of them in their Charter, & therefore 
think that neither the Crotch nor Tree meant, can be any guide in 
finding out the true Line or bounds of that Province, on the Side we 
are Debating on. & we say the Same with Respect to the black 
Rocks they speak of — But We Apprehend & therefore Insist that 
the three Miles North from Merrimack River is to be taken from the 
Middle of the Channel of the River, for there it properly runs into 
the Atlantic Ocean ; And it was the Opinion of the Attorney & So- 
licitor General in the Year 1734 " that the Dividing Line Between 
" the Province of New Hampshire & the Province of the Mass a Bay 
"is to be taken according to the Intent of the Charter of William & 
" Mary from three Miles North of the Mouth of Merrimack River 
" where it Runs into the Atlantic Ocean." as may at large Appear 
by an Authentic Copy of the Said Opinion under their hands in 
Court now to be produced, (which we pray Your Hon rs may be Re- 
cciv'd & Enter'd at Large in Yo r Journels & made part of this Case), 
from which Opinion in this point we cant think your Hon" will dif- 
fer. And as to Running Parallel with the River so far as they would 
have it, we say this would not Agree even with the Old Charter, be- 



BOUNDARY LINE PAPERS. 295 

cause Impossible, for by the Express words of that Charter, this 
Line was to run three miles North of Merrimack River, or to the 
Northward of any & every part thereof. — now this River runs from 
the Atlantic Ocean near a West Course about thirty five Miles, then 
North (nearest) about five & fifty Miles, before it Comes to y e Crotch 
which we Suppose is meant. And how a line can run Parallel to a 
River that Runs North and Yet be three Miles North of the River, 
we are not able to Conceive, from whence we Conclude, that at the 
time of granting the first Charter, the River was not known or not 
Considered So far up as where it turns to the North, or was known 
in that part of it by Some other name ; otherwise no Rational Con- 
struction of that part of the Said Charter can be made — And this 
we presume was the Reason of that Determination in 1677 which 
they refer to : for that, cannot be Reconciled with the words of the 
Charter afores d upon any other Supposition, because they were to 
carry the Same breadth from the Atlantic Ocean to the South Sea, 
which wou'd not be, if they were to Run fifty five miles North of 
the Mouth of Merrimack Instead of three — Now if such a Par- 
allel to the River could not be by the old Charter, much less can 
it be by the New Charter, because (among Several other Rea- 
sons that might be given) those Important & Material Words, 
" to the Northward of any & every part thereof", are left out of the 
New Charter, the bounds of which we shall in the next place Con- 
sider — This Charter describes the Northern Boundary of the Prov. 
of y e Mass a thus, " Extending from the Great River called Mono- 
" mack Alias Merrimack on the North part, & from three Miles 
" Northward of the Said River to the Atlantick or Western Sea or 
" Ocean on the South part and all the Lands & Hereditaments what- 
" soever lying within the Limits aforesaid & Extending as far as the 
" Outermost points of Land called Cape Cod & Cape Malabar North 
" & South, & in Lattitude, breadth, and in Length & Longitude of & 
" within all the breadth & Compass aforesaid, thro' out the Main 
" Land there from the Said Atlantic or Western Sea & Ocean on 
" the East part, towards the South Sea or Westward as far as our 
" Colonies of Rhode Island Connecticut & the Narragansett Coun- 
"try" — the most Rational Construction of which we Say is, that 
this boundary should be a Straight Line, beginning at the end of 
three English Miles, taken from the Middle of Merrimack where it 
runs into the Ocean, & Running North, and from thence to run on 
a West Course till it Comes to the End of the Prov. of the Mass a — 
for the following Reasons — first the Epithet, Great, given to Merri- 
mack River was not, as we take it, to distinguish that from other 
Rivers, because there are Several in the Country Larger, but to dis- 



296 PROVINXE OF NEW HAMPSHIRE. 

tinguish the Main body & Principal part of this River from those 
branches & parts of the Same less noted, & which are often called by 
other names, & So the more plainly to point out where the three 
Miles which is to Run North of the Said River Should begin, viz at 
the great River, & not at a branch thereof, and also at the principal 
or most Remarkable part thereof namely the Mouth of the River — 
then the Course is by the Charter, to Run from the end of the Said 
three miles, South until it Comes to the Atlantic Ocean on the South 
Side of Cape Cod & Cape Malabar So that the Province is North & 
South in Lattitude & breadth from the end of the Said three Miles 
over to that part of the Atlantic Ocean which washes the South Side 
of the Said Capes, then the Length is to be of & within the breadth 
& Compass aforesaid thro out the main Land, beginning at y e Atlan- 
tic, at the end of the Said three Miles ; now tis not possible to be 
within the breadth afores d by running a Line Parallel to the River, or 
any other than a West Line ; because the breadth will alter in every 
point, where the Line varies from the West. So that if those words 
in the Charter viz within all the breadth & Compass afores d as also 
those other North & S07UJ1 in Lattitude & breadth, are of any Sig- 
nificancy this Must be a West Line, which is to begin at the Atlan- 
tic Ocean at the East end of the Said Province — And this Leads us 
to Observe — 

Secondly that the Governour & Company of the Mass a Bay had 
the Same Notion & Apprehension of their Northern Boundary even 
under their Old Charter, as Appears by their "Declaration of their 
"Right & Claim to the Lands in their possession (at that time), but 
"pretended to by M r Gorge and M r Mason, together with an Answer 
"to their Several pleas & Complaints in their Petitions Exhibited — 
"Humbly Presented & Submitted by the Said Governor & Company 
"to the Kings most Excellent Majesty as their Defence" — where 
they Say, " Our Patent According to the Express Terms therein con- 
"tained, without any Ambiguity or Colour of other Interpretation, 
"lyes between two East & West Parallel Lines" &c — And after 
mentioning the Breadth of their Said Patent, they Justly Draw this 
Inference, viz, "And therefore cannot be bounded by may hundreds 
"Or Infinite Numbers of Lines as the River Merrimack bends in 
"two hundred miles Passage from Winnipoisekek Lake to the Mouth 
"thereof ; which to Imagine, as it is Irrational, So would It Involve 
"us and any borderer into So many Inextricable Disputes, as are no 
"ways to be Admitted by a Prince Seeking his Subjects peace — . 
An Authentic Copy of this we have in Court to be produced — If this 
Argument has weight (as in truth it has), with Respect to the bounds 
of the old Charter, All unbiass'd Persons, we think will See it has 



BOUNDARY LINE PAPERS. 297 

much more when the bounds of the New Charter are under Consid- 
eration — To this possibly may be urg'd the Judgment of the King 
in Council afterwards, (before mentioned.) In answer whereto besides 
what is Said before on that head, we Say that it is very Improbable 
that the English People had any knowledge of the Length & Course 
of the River at that time for more than thirty Miles, (in which Dis- 
tance tho' there are many turnings & Windings, Yet it makes good a 
West Course, nearest) — Except what Information they had from the 
Indians, which at that time was Very uncertain as to those points. 
but be that as it will it is plain from the Judgment it Self the turn 
of the River & its Course North, was either not known, or not Con- 
sidered by those that Sat in Judgment — And besides the leaving 
out those Words, or to the Northward of any & every part thereof y 
makes a Vast alteration, as we take it, they being the Only words in 
the Charter, they were then Considering which, could Influence in 
making it A Crooked Line — 

Thirdly In the Demands which the Province of the Mass a have 
now laid before Your Hon rs after they have Run with the River till 
they come to their Tree afores d , they Say they are to Run due West 
to the South Sea — Now we cant conceive how they come to Pitch 
on a due West Course from that Tree, any more than any other, a 
North West or Some other Course more Northerly than West would 
gain More Land ; Or whatever the Reasons may be with them for a 
West Course from thence, we cant but think those very Reasons if 
duly Attended to, would Convince them it ought to be a West line 
from the Atlantic Ocean. They Confess a West line from the Said 
Tree, there is then by their own Shewing to be a West Line on part 
of this Side of their Province, & why it should not begin before they 
come to that Tree we can See no Reason in the Charter, which We 
think is the only proper guide in this matter — we are Sure it will 
never speak the Language they would have it (according to their 
scheme) without forcing & Squeazing, & Commenting away the Nat- 
ural & Genuine Sense of it. — 

We would further Observe to Your Hon rs , that it is Remarkable, 
that when "the Lords Commissioners for Trade & Plantations Re- 
"fer'd that Question viz From what part of Merrimack River the 
"three Miles from whence the Dividing Line between the Province 
" of New Hamp r & the Province of the Mass a Bay is to begin, ought 
" to be taken according to the Intent of the Charter of William & 
" Mary ? they Say nothing of the Course, but that they Judg'd it 
must be a Strait Line may Naturally be Inferr'd from the Question 
they put namely at what place the Line must begin, for of what Im- 
portance is it where the line begins if it is to Run parallel to the 

23 



298 PROVINCE OF NEW HAMPSHIRE. 

River at three miles Distance, would it have been worth their Lord- 
ships while to have troubled themselves & those worthy Gentlemen, 
& for them to pass thro' the formality of Several Publick hearings, & 
Arguments by Council, only to Determine a Question of no Conse- 
quence, & which is a matter of Indifference however determined ? 

But the Mass a tell your Hon rs they are able to prove the Line they 
have described to be the bounds Intended, granted & Adjudged to 
them by Ancient & Incontestible Evidences As to this we would say, 
that the Line we are now Speaking of was never yet actually marked 
out, & if by Evidences they mean living Witnesses, that cannot be, 
for, to prove the meaning of the words of the Charter in that man- 
ner, would be like Making out & proving a point of Law by Wit- 
nesses — as for Records, if that is the Evidence meant, there can be 
none Sufficient for that purpose, but a Record of a Judgment after a 
Legal and Regular Tryal, of which there is none to be produced 
Since the New Charter, as for that, upon the old Charter we have 
nothing to do with it, & of that Opinion is the King & Council, as 
may Rationally be Inferrd from the Grant of the Commission Im- 
powering Yo r Hon rs to hear & Determine this Dispute, for if that' 
Determination in 1677 is as they Say, Irrefragable, then the Present 
Tryal is vain — In a word as we desire nothing but Common Justice, 
& that this Controversy may be fairly & Impartially ended, so we 
shall offer neither Testimonies nor anything Else, that may puzzle 
the Cause, & of that your Honours will we doubt not be fully Con- 
vine'd — What is offer'd in the Demands of the Mass a Appears to us 
so highly unreasonable that we have been led to Say more than oth- 
erwise we should — 

Rut on this part of the Dispute we would only Add that if after all 
yo r Hon rs should be Inclind to think this Line was Intended to be a 
Parallel to the River, we cant think that you will with them be of 
Opinion it should be so where the River Runs North, because to us 
it appears an affront to Common Sense. 

As to the Northern boundary of New Hamp r or the Line that 
should be run between that part of the Province of the Mass a Bay 
which was the late Province of Main & New Hampshire, We think 
that the Mass a can Claim no further than the bounds Set forth in 
their Charter, & the Settling that point ends the Dispute, for we say 
what is not within their Province is within ours ; Now the words of 
the Charter must be the guide here as well as on the other Side, & 
So far as the River Runs there can be no Dispute, & by the word 
Directing the Course afterwards viz North-Westward, can with pro- 
priety be meant nothing but a few Degrees West of the North, and 
is an Equivalent expression or the Same with, North Westerly, which 






BOUNDARY LINE PAPERS. 20,9 

is always understood to mean a few Degrees less than a Quarter of a 
point West of the North. And this Course it ought to Run from 
the head of the River Now Called Salmon falls which is at a Pond — 
We are Confirm'd in this Opinion, because the half of the Isles of 
Shoals lays in the Province of the Mass a viz the Easterly half between 
which & the other half ly's the Harbour or Road, which is near South 
from Piscataqua River, now if the Line from the head of the River 
should be Northwest this from the mouth of the River should be 
South-East, & then all the Isles of Shoals will fall in the Province of 
New Hamp r Contrary to the Express words of the Charter — 

Now whatever Lands lays between the late Province of Main & a 
West Line Run three miles North of Merrimack as afores d we Say 
belongs to the Province of New Hampsh 1 " & has by virtue of the 
Kings Commissions from time to time been Erected into & Estab- 
lished a Province by the Name of New Hamp r with Such Powers & 
Privileges as have been therein Particularly Granted — And all the 
Lands lying Still west as far as the British Dominion Extends we 
Claim in the Right of His Majesty in Opposition to the Grant to the 
Massachusets Bay — 

All which we Submit to your Hon rs Consideration & Judgment 
And Humbly pray all Convenient Dispatch — 

We are in behalf of His Majestys Government of New Hampshire 
Your Hon rs Humble Servants 

Sha d Walton 

Geo. Jaffrey 

Jotham Odiorne 

Theodore Atkinson 

And r Wiggin 

J Rindge 

Tho s Packer 

James Jeffry 



V Committee 



Answer Massachusetts to New Hampshire Claim ffo : 42. 

The Answer of the Massachusetts to the New Hampshire 
Claim was in substance as follows 

[In place of the abstract here entered, this document is given in full 
from the original in Masonian Papers, Vol. 4, p. 128.] 

Province of the ^ To the Hon ble His Maj tys Commissioners for 
Massachusetts Bay > marking out and Setling the Boundaries be- 
in New England J tween the Provinces of the Massachusetts Bay 



300 PROVINCE OF NEW HAMPSHIRE. 

and New Hampshire as well on the Southern as on the Northern 
part of New Hampshire. — - 

The Answer of the Province of the Massachusetts Bay to the 
State of the Demands & pretensions of the Province of New Hamp- 
shire Exhibited by a Committee appointed by the General Court of 
Said Province. — 

And the s d Province of the Massachusetts Bay reserving to the 
Said Province all future benefit & advantage of making and Exhibit- 
ing any further or other Answer unto the State of the Demands 
aforesaid when and So Soon as one or more Skilful persons Shall pre- 
pare Draughts or plans of the Country and Boundaries as also when 
the Depositions of Such Witnesses (a List of the Names of which 
is herewith laid before Yo 1 Hon rs by said Province) are taken pursu 
ant to the express direction of His Maj tys Royal Commission to Yo r 
Hon rs directed So farr as the S d Province at this time ought to be 
held to make answer unto, for Answer Saith — 

That they conceived and accordingly insist they ought not by His 
Maj tys Royal Commission afores d to be held to contend with Our Sov- 
ereign Lord the King in the premisses aforesaid, but with the prov- 
ince of New Hampshire only touching the Boundaries of said prov- 
ince ; neither is the committee afores d who Exhibited the State 
afores d duly Authorized & qualifyed to represent Our s d Lord the 
King in manner and form as they Set forth in the State afores d , and 
of this the s d province of the Massachusetts prays the Judgment of 
this Hon ble Court, And the Province of the S d Massachusetts for fur- 
ther Answer Saith, That the Southern Boundary of Said province of 
New Hampshire ought not by Law to begin at the end of three 
miles North from the middle of the Channel of Merrimack River 
where it runs into the Atlantic Ocean, nor from thence to run on a 
Streight line West up into the Main Land towards the South Sea 
until it meets with His Maj tys other Governm ts But by Law and Jus- 
tice the Southerly Boundaries of the Said Province can only be ex- 
tended to the Northerly Boundaries of the S d Province of the Massa- 
chusetts, which was first Incorporated, and which said Northern 
Boundary begins at the Sea three English miles North from the 
Black Rocks, so called, at the mouth of Merrimack River, as it 
emptied it Self into the Sea Sixty years ago, thence running Parallel 
with the Riveras farr Northward as the Crotch or parting of the River 
thence due North as farr as a certain tree commonly known for more 
than Seventy years past, by the name of Tndicots tree, standing 
three English miles Northward of said Crotch or parting of Merri- 
mack River, and from thence due West to the South Sea, All which 
the Said province of the Massachusetts Bay Averrs to be the true 



BOUNDARY LINE PAPERS. 301 

just and legal Northern Boundary of said Province ; For that His 
Majesty King Charles the First by his Letters Patents dated the 
fourth day of March Anno Dom - 1628, And In the Fourth year of 
his Reign Erected the Colony of the Massachusetts Bay into a Cor- 
poration Government, and thereby described the premisses So Incor- 
porated and the Bounds thereof in the words following viz 1 " All that 
" part of New England in America afores d which lyes and extends 
" between a Great River there commonly called Monomack alias 
" Merrimack, and a certain other River there called Charles River 
" being in the bottom of a certain Bay there commonly called Massa- 
" chusetts alias Mattachusetts alias Massatusetts Bay, and also all & 
" Singular those Lands and hereditaments whatsoever lying within 
" the Space of three English miles on the South part of the s d 
" Charles River or of any or every part thereof, And also all & 
" Singular the Lands and hereditaments whatsoever lying and being 
" within the Space of three English miles to the Southward of the 
" Southernmost part of the Said Bay called Massachusetts alias Mat- 
" tachusetts alias Massatusets Bay, And also all those Lands and 
" hereditaments whatsoever which lye and be within the Space of 
" three English miles to the Northward of the said River called 
" Monomack alias Merrimack or to the Northward of any and every 
" part thereof, And all Lands and hereditaments Whatsoever lying 
" within the limits afores d North and South in Latitude and breadth 
" and in length and Longitude of and within all the breadth afores d 
" throughout the Main Land there from the Atlantick & Western 
" Sea and Ocean on the East part to the South Sea on the West part ; 
And by the Said Letters Patents, it is further expressed and de- 
clared in the words following Viz 1 u And We do further for Us Our 
" Heirs and Successors Ordain and Grant to the said Governour & 
" Company and their Successors by these presents, that these our 
" Letters Patents shall be firm good Effectual and available in all 
"things and to all intents & Constructions of Law according to our 
" true meaning herein before declared, and Shall be Construed re- 
" puted & adjudged in all Cases most favourably on the behalf and 
" for the benefit and behoof of the said Governour and Company 
" and their Successors altho' express mention of the true yearly 
" value or certainty of the premisses or of any of them or of any 
" other Gifts or Grants by us or any of Our Progenitors or Predeces- 
" sors to the aforesaid Governour and Company before this time 
" made in these presents is not made or any Statute Act Ordinance 
" provision proclamation or Restraint to the contrary thereof hereto- 
" fore had made Published Ordained or provided or any other matter 
" cause or thing whatsoever to the contrary thereof in any wise not- 



302 PROVINXE OF NEW HAMPSHIRE. 

" withstanding ; As by the said Letters Patents (now before Your 
Hon rs produced) reference thereto being had, may more fully appear. 
And afterwards His said Majesty King Charles the First by his Letters 
Patents dated the third day of April and in the fifteenth year of his 
Reign Erected the Province of Main bounding the Same on y e 
Southwest in the words following viz 1 " All that part purpart and 
portion of the Main Land of New England aforesaid beginning at 
the Entrance of Piscataqua harbour and So to pass up the Same 
into the River of Newichawanock, and thro' the Same unto the fur- 
thest head thereof, and from Thence North Westward till One hun- 
" dred & Twenty miles be finished, As by the S d Letters Patents, 
also now produced, (relation thereunto being likewise had) may more 
fully appear. And their Maj tys King William and Queen Mary by 
their Letters Patents dated the Seventh day of October Anno D'ni 
1 69 1, And In the Third year of their Reign, United the Said late 
Colony of the Massachusetts Plimouth and the Province of Main 
with other adjacent Territories and Erected them into One Real 
Province by the Name of the Province of the Massachusetts Bay in 
New England and described and bounded the premisses So Erected 
as afores d in the words following viz 1 ' 4 ' All that part of New England 
" in America lying & Extending from the Great River commonly 
" called Monomack alias Merrimack on the North part and from three 
" miles Northward of the said River to the Atlantick or Western 
" Sea on the South part, and all the Lands and hereditaments what- 
" soever lying within the limits afores d and extending as farr as the 
" outermost points or Promontarys of Lands called Cape Codd and 
" Cape Mallebar North and South and in Latitude breadth and in 
" length and Longitude of and within all the breadth and compass 
" afores d throughout the Main Land there from the Said Atlantick 
" or Western Sea and Ocean on the East part towards the South Sea 
" or Westward as farr as Our Colonys of Rhode Island Connecticut 
" and the Narragansett Country, Also All that part or portion of 
" Main Land beginning at the Entrance of Piscataqua harbour and 
" so to pass up the Same into the River of Newichawanock and thro 
" the Same unto the furthest head thereof and from thence North 
" Westward till One hundred and twenty miles be finished, And in 
and by Said Letters Patents there are these further words viz 1 " Pro- 
" vided it Shall and may be lawful for the Said Governour& General 
" Assembly to make or pass any Grant of Lands lying within the 
" bounds of the Colonys formerly called the Colonys of the Massa- 
" chusetts Bay and New Plimouth and Province of Main in such 
" manner as heretofore they might have clone by virtue of any former 
" Charter or Letters Patents which Grants of Lands within the 



BOUNDARY LINE PAPERS. 3O3 

" Bounds aforesaid, We do hereby Will and Ordain to be and con- 
" tinue fcr Ever of full force and effect, without Our further Appro- 
" bation and consent," As in and by said Letters Patents in like 
manner produced before Your Honours and reference thereto also had 
more fully will appear. Whereby it expresly appears, and the Prov- 
ince of the Massachusetts relies and Insists upon it, that all those 
Lands Territories and Premisses contained within the Limitts and 
bounds of the said Colony of the Massachusetts Bay Plimouth and 
the Province of Main with the adjacent Territories are contained 
and Included in the Lands Territories and Premisses Expressed and 
declared by the last mentioned in part recited letters Patents that 
Erect and Constitute the Province aforesaid, and by Law the said 
Province in regard to Jurisdiction or property ought not to be 
Ousted of any part or Parcell thereof but ought to hold the 
same accordingly, And the Province of the said Massachusetts 
Bay further for Answer say, that upon the Complaint of M r Mason 
and M r Gorges against the Government of the Massachusetts Bay, 
the Lords of the Committee for Trade and Plantations did in pursu- 
ance of his Majesties order in Council of the 7 th of ffebruary 1676 
report unto his then Majesty in Council touching the then matters in 
controversy between the then Corporation of the Massachusetts Bay 
in New England, and M r Mason and M r Gorge touching the right of 
Soil and Government Claimed by the said parties in certain Lands 
there, by Virtue of several Grants from His then Majestys Royall 
Father and Grandfather in the Words following Viz 1 

[This document is here given in full from Mss. Prov. Boundaries, p. 1.] 
At the Court at Whitehall the 20 th of July 1677. 

Present, The Kings most Excellent Majesty 

Lord Chancellor Earl of Craven 

Lord Treasurer Lord Bishop of London 

Lord Privy Seal Lord Maynard 

Duke of Ormond Lord Berkley 

Marquess of Worcester Lord Vice Chamberlain 

Lord Chamberlain M r Secretary Coventary 

Earl of Northampton M r Secretary Williamson 

Earl of Peterboro' M r Chancell 1 " of the Exchequer 

Earl of Strafford Master of the Ordnance 

Earl of Sunderland M r Speaker 

Earl of Bath 



304 PROVINCE OF NEW HAMPSHIRE. 

Whereas the Right Hon ble the Lords of the Committee for Trade 
and Plantations did in Pursuance of an Order of the 7 th of February 
last make Report to the Board of Matters in Controversy between 
the Corporation of the Mass a Bay in New England, And M r Mason 
& M r Georges touch 5 the Right of Soil and Governm 1 claimed by 
the said Parties in certain Lands there by Virtue of Several Grants 
from his Majestys Royal Father and Grand Father as followeth in 
haec Verba 

May it Please your Majesty — Having rec d Your Majestys Order 
in Council of the 7 th of Febr y last Past whereby We are directed to 
Enter into the Examination of the Bounds & Limits with the Cor- 
poration of the Massachusets Bay in New England on the one hand 
& M r Mason & M 1 ' Gorges on the other do pretend by their several 
Grants & Patents to have been Assigned unto them, as also to Ex- 
amine the Patent and Charters which are insisted on by either side 
in Order to find out & Settle how far the Rights of Soil or Governm* 
do belong unto any of them. 

In Consideration whereof the Lords Chief Justices of Y r Majestys 
Courts of Kings Bench & common Pleas were appointed to give us 
their Assistance ; We Did on the fifth of April last together with the 
Lords Chief Justices meet in Obedience to Your Majestys Com- 
mands, And having heard both Parties by their Council Learned in 
the Law we did Recommend unto their Lordships to Receive a State 
of the Claims made by both Parties & to Return their Opinions upon 
the whole Matter unto us ; Which their Lordships have accordingly 
Performed in the Words following. 

In Obedience to Your Lordships Order, We appointed a Day for 
the Hearing of all Parties, & considering the Matters referred, Hav- 
ing received from them such Papers of their Cases as they were 
Pleased to deliver ; At w ch Time all Parties appearing, the Respond- 
ents did disclaim Title to the Lands claimed by the Petitioners, And 
it appeared to us that the said Lands are in the Possession of several 
other Persons not before us ; Whereupon we thought not fit to Ex- 
amine any claims to the said Lands, It being (in our Opinion) im- 
proper to Judge of any Title of Land without Hearing the Ter-ten- 
ants or some other Persons on their Behalf, And if there be any 
Course of Justice upon the Place having Jurisdiction, We esteemed 
it most Proper to direct the Parties to have Recourse thither for the 
Decision of any Question of Property until it shall Appear that there 
is just cause of complaint against the Courts of Justice there for 
Injustice or Grievance. 

We did in the Presence of the said Parties examine their several 
Claims to the Govern m l & the Petitioners having waved the Pretence 



BOUNDARY LINE PAPERS. 305 

of a Grant of Governm 1 from the Council at Plymouth wherein they 
were convinced by their own Council that no such Power or Jurisdic- 
tion could be transferred or assign 'd by any Colour of Law. 

The Question was Reduced to the Province of Mayn whereto the 
Petitioner Gorges made his Title by a Grant from King Charles the 
first in the 15 th Year of his Reign made to Sir Ferdinando Gorges & 
his Heirs of the Province of Main & the Governm* thereof. In An- 
swer to this, the Respondents alledged that long before ; Viz 1 in 
Quarto Car. Primi, the Governm* was granted to them & produced 
Copys of Letters Patents, wherein it is Recited that the Council at 
Plymouth having granted to certain Persons a Territory thus de- 
scribed, "All that Part of New England in America, which lyes and 
" extends bettween a great River there commonly called Monomack 
" alias Merrimack, And a certain other River there called Charles 
" River being in the bottom of a certain Bay there called the Massa- 
"chusets Bay and also all & singular the Lands and Hereditam ts 
" whatsoever lying and being within the Space of three English Miles 
" on the South Part of y e said Charles River or of any or every Part 
" thereof, And also all and singular the Lands and Hereditam ts what- 
soever lying & being within the Space of three English Miles to 
" the Southernmost Part of the said Bay called Massachusets Bay, & 
"all those Lands & Hereditam ts whatsoever which ly & be within the 
"Space of three English Miles to the Northward of the said River 
" called Monomack alias Merrimack or to the Northward of any and 
"every Part thereof, & all Lands & Hereditam ts whatsoever lying 
"within y e Limits aforesaid North & South in Latitude & Breadth 
"& in Length & Longitude of & within all the Breadth aforesaid 
"thro out the Main Lands there from the Atlantick & Western Sea 
"& Ocean on the East Part to the South Sea on the West." 

By the said Letters Pattents the King confirmed that Grant made 
them a Corporation & gave them Power to make Laws for the Gov- 
erning the Lands and the People therein. 

To this it was Replyed that the Patent of 4 Car. i mi is invalid. 

1 Because there was a precedent Grant 18 Jacobi of the same 
thing then in being which Patent was surrendered Afterwards before 
the Date of the other. 15 Car. i mi 

2 The Grant of the Governm 1 can Extend no further than the 
ownership of the Soil, the Boundaries of w ch as Recited in that Pa- 
tent wholly Excludes the Province of Mayn which lyes Northward 
more than three Miles beyond the River Merimack. 

We having considered these Matters do humbly conceive as to the 
first Matter, That the Patent of 4 Car. i mo is good notwithstanding 
the Grant made in the 18 Jac. for it appeared to us by the Recital 



306 PROVINCE OF NEW HAMPSHIRE. 

in the Patent 4 Car. i mi That the Council of Plymouth had granted 
away all their Interest in the Lands the Year before, And it must be 
Presumed they then deserted the Governm* wereupon it was Lawful 
& Necessary for the King to establish a suitable Frame of Governm 1 
according to his Royal Wisdom, Which was done by that Patent 4 
Car. i mi Making the Adventurers a Corporation upon the Place. 

As to the Second Matter, It seems to us to be very clear, That the 
Grant of the Governm 1 4 Car. i mi extends no further then the Boun- 
daries Expressed in the Patent, and those Boundaries cannot be con- 
strued to extend further Northward, A/o/ig the River Merimack than 
three English Miles. 

For the North and South Bounds of the Lands granted so far as 
the River extend are to folloiv the Course of the Rivers, Which make 
the Breadth of the Grant, the Words describing the Length to com- 
prehend all the Lands from the Atlantick Ocean to the South Sea of 
& in all the Breadth aforesaid do not Warrant the Over reaching of 
those Lines by imaginary Lines or Bounds ; other Exposition would 
in our Humble Opinion be unreasonable & against the Intent of the 
Grant. The Words (of & in all Breadth aforesaid) Shew that the 
Breadth was not intended an imaginary Line of Breadth laid upon 
the Broadest part but the Breadth respecting the continuance of the 
Boundaries by the Rivers as far as the Rivers go but when the known 
Boundary of Breadth determines it must be Carryed on by Imaginary 
Lines to the South Sea. 

And if the Province of Mayn lies more Notherly than three Eng- 
lish Miles from the River Merrimack the Patent of 4 Car. i mi gives 
no Right to Govern there & thereupon the Patent of the same 15 
Car. i mi to the Petitioner Gorges will be Valid. 

So that upon the whole Matter we are humbly of Opinion as to the 
Power of Governm 1 that the Respondents the Massachusets and their 
Successors by their Patent 4 t0 Martii 4 Car. i mo have such Right of 
Governm 1 as is granted them by the Same Patent within the Bounda- 
ries of their Lands expressed therein according to such Discription & 
Exposition, as we have thereof made as aforesaid, And the Pititioner 
Sir Ferdinando Gorges his Heirs & Assigns By the Patent 3 April 
15° Car. i mo have Such Right of Governm 1 as is Granted them by the 
said Patent within the Lands called the Province of Main according 
to the Boundaries of the Same Expressed in the same Patent. 
Richard Rainsford. Fran. North 

All which being the Opinion of the Lords Cheif Justices and fully 
agreeing with what we have to Report unto Your Majesty upon the 
whole Matter referred unto us by the said Order, We humbly Sub- 
mitt the Determination thereof unto Your Majesty. 



BOUNDARY LINE PAPERS. 307 

Anglesey Bath H. London J Williamson 

Ormond Craven G. Carteret Tho. Chickley 

Edw d Seymour 

Which having been Read at the Board the 18 th Instant, It was 
then Ordered That the said M r Mason & M r Gorges as also the 
Agents for the Corporation of the Massachusets Bay should be this 
day heard upon the said Report, if they had any objections to make 
thereunto. In Pursuance whereof all Parties attending, with their 
Council who not Alledging any thing so Material as to prevail with 
his Majesty & the Board to differ in Judgm* from the said Report, 
His Majesty was thereupon Pleased to Approve of and Confirm the 
Same, & did Order that all Parties do Acquiesce therein & Contrib- 
ute what lyes in them to the Punctual & due Performance of the said 
Report as there shall be Occasion John Nicholas 

Copy Examined ^ J Willard Sec'ry 

bv which Solemn & final Judgment of his said Majesty in Council 
the said Province of the Massachusetts Bay humbly insists that the 
North and South bounds of said then Colony of the Massachusetts 
more especially as to the Right of Government so far as the said Riv- 
ers extend shall follow the course of the said Rivers, but when those 
known boundaries determine the breadth shall be carried on by Im- 
aginary lines and the last in part recited Charter or Letters patents 
of their Said Majestys King William and Queen Mary giving and 
granting all the Lands Territories and premisses unto their good 
Subjects the Inhabitants of the Province of the Massachusetts Bay 
in New England formerly contained within the Limitts and bounds 
of the said Colony of the Massachusetts Bay Plimouth and the Prov- 
ince of Mayn and the Adjacent Territories as aforesaid, and by the 
s d Solemn and ffinal Judgment the Northern & Southern Boundaries 
of said Colony of the Massachusetts so far as the said Rivers Ex- 
tends shall follow the course thereof. Being so ffixed and Ascer- 
tained, the said Province of the Massachusetts also insists, that the 
bounds of the said Province in Law & justice ought & Do Extend 
three Miles Northward of Merrimack River, or any part thereof, and 
the said Three Miles must run as the said River or any part thereof 
doth run and when those known boundaries determine the Breadth 
shall be carried on by an imaginary line to the South Sea, and in the 
adjusting Setling & determining the boundarys of the said Provinces 
of the Massachusetts Bay and New Hampshire all the parties by Law 
ought to be held to the same and concluded by the said Grants Let- 
ters Patents and solemn and ffinal Judgment aforesaid and the rather 
for that, his Majesty King Charles the Second by his Letters Patents 



308 PROVINCE OF NEW HAMPSHIRE. 

bearing date the 18 th clay of September in the 31 st Year of his Reign 
among other things Commissionating a President and Council to 
take care of that Tract of Land called the Province of New Hamp- 
shire and to order and Govern the Plantors and Inhabitants thereof 
in the Preamble of said Commission are these words, "viz 1 Whereas 
' Our Colony of the Massachusetts at Mattachusetts Bay in New 
' England in America have taken upon themselves to Exercise a Gov- 
ernment & Jurisdiction over the Inhabitants and Planters in the 
'Towns of Portsmouth Hampton Dover, Exeter, and all other the 
'Towns & Lands in the Province of New Hampshire lying and ex- 
4 tending from the Three Miles Northward of Merrimack river or 
' any part thereof unto the Province of Main not having any Legall 
'right or Authority so to do, and by one other Paragraph in the said 
'Preamble there are these further words Viz 1 And Whereas the Gov- 
ernment of the said Province of New Hampshire so limitted and 
'bounded as afores d hath not yet been Granted unto any person or 
'persons whatsoever, but the same still remains and is under Our 
'Imediate care & protection And Whereas in said Letters Patents 
'there are these further words viz 4 And Whereas the Inhabitants of 
'the Province of New Hampshire have many of them been long in 
' Possession of several Quantitys of Lands and are said to have made 
' considerable Improvements thereon having no other Title for the 
'same, than what hath been derived from the Government of the 
' Massachusetts Bay In Virtue of their Imaginary line which title as 
'it hath by the Opinion of Our Judges in England been altogether 
'sett aside, So the Agents of the said Colony have consequently 
'disown'd any right in the Soil or Government thereof from the three 
' Miles line aforesaid and it appearing unto us that the Ancestors of 
' Robert Mason Esq r obtained a Grant from Our Great Council of 
' Plimouth for the Tract of Land aforesaid, and were at very great 
' charge and expence upon the same until Molested & finally driven 
'out, which has occasioned a lasting complaint for Justice by the 
'said Robert Mason ever since Our said Restoration " as by the said 
Commission made Letters Patents reference thereto had will likewise 
appear, all which Paragraphs Evidently declare & fully prove the said 
solemn and final Judgment pronounced as aforesaid then was and 
forever should be held in respect to the Southern Boundary's of New 
Hampshire Province and the Northern Boundary's of the Massachu- 
chusetts Province Valid & Irrefragable and the said Province of the 
Massachusetts have ever since held & Enjoyed the same accordingly, 
So that the demands of the said Province of New Hampshire and 
their Insisting by the State of their demands as aforesaid, that the 
Southern Boundaries of said Province should begin at the End of 






BOUNDARY LINE PAPERS. 309 

three Miles North from the Middle of the Channell of Merrimack 
River, where it runs into the Ocean & from thence should run on a 
strait line West up into the Main Land, are not Warranted by any 
Grant or Commission from the Crown Deed or Conveyance from any 
private person or by the possession of One hour but altogether No- 
tional and without ffoundation and are directly against the Letters 
Patents Solemn and final Judgment and Commission aforesaid and 
the true intent and meaning thereof as also a possession of One hun- 
dred Years and Upwards in the Province of the Massachusetts since 
the granting of the New Charter and under the Old in the Colony of 
the Massachusetts ; And the said Province of the Massachusetts, begs 
leave further to observe to Your Honours that there are in the State 
of their demands Exhibited to your Honours two noted Monuments 
by them relied upon and w ch were known for above seventy Years 
ago, the first therein mentioned by the name of the Black Rocks at 
the Mouth of said Merrimack River, from whence measuring three 
English Miles North there truly forms the Northern boundary of 
said Province and the same accordingly for that space of time have 
been so reputed acknowledged and accordingly held and possessed 
by the said Colony of the Massachusetts under the Old Charter and 
afterwards under the New Charter to this day which ffacts the said 
Province doubts not will fully turn out in proof from the Depositions 
of Some of those Ancient Witnesses whose names are contained in 
said List herewith delivered to Your Honours, the other noted Mon- 
ument is Endicotts tree with a great heap of Stones round it stand- 
ing Three English Miles Northward of the Crotch or parting of the 
said River, which Tree for the length of time aforesaid has been held 
Deemed reputed and acknowledged to be the extent of the known 
Northern bound of said Colony and now the Province of the Massa- 
chusetts Bay from the said Crotch or parting of the said river and 
has been, and is to this day so held & possessed as by Ancient Platts 
of great Credit & Depositions of others the Ancient Wittnesses in the 
same List named will clearly appear, and it will at this day appear to 
be a noted boundary as aforesaid to such Artist or Artists as by Your 
Honors shall be duly Impowered to take such Plan or Plans as shall 
be hereafter taken in Virtue of his Majesties Royal Commission to 
Your Honours directed and therefore there is not the least Shadow 
of reason to maintain that the South bounds of the Province of New 
Hampshire should begin at the end of three Miles North from the 
middle of the now Channell of Merrimack River, where it now runs 
into the Ocean according to their Modern claim, but the said South- 
erly boundary line must and ought and always was held and acknowl- 
edged to begin at the End of three Miles North from the black Rocks 



310 PROVINCE OF NEW HAMPSHIRE. 

aforesaid at the Mouth of the said River, as it emptied it Self into 
the Sea Sixty Years ago, and to run from thence Parallel with the 
said River as far Northward as the Crotch or parting of the River 
aforesaid, thence due North as far as the Said noted tree and heap of 
Stones round it which is the last known boundary & consequently 
where the Imaginary line must and ought to begin and so be carried 
due West towards the South Sea, and which the Province of the 
Massachusetts have held & possessed & doubts not by force of their 
Right & Title as aforesaid still to hold and possess the same accord- 
ingly., And as to the Claims and demands of the Province of New 
Hampshire on their Northern part, the Province of the Massachusetts 
Bay for Answer say. That as this Province Claim & Demand a due 
North West line from the furthest head of the River of Newichwan- 
nock till One hundred and twenty Miles from the Mouth of Piscata- 
qua Harbour be finished they give the following reasons, for that his 
Majesty King Charles the first the 3 d of April in the 15 th Year of his 
Reign by his letters patents did give and Grant to Sir Ferdinando 
Gorges his heirs and Assignes "All That part purpart and portion 
" of the Main Land of New England aforesaid beginning at the en- 
" trance of Piscataway Harbour and so to pass up the same into the 
11 River of Newichwannock and thro the same unto the furthest 
" head thereof, and from thence North Westward till One hundred 
" and twenty Miles be finished, and from Piscataway Harbour Mouth 
"aforesaid North Eastward along the Sea Coast to Sagadahocke and 
" up the river thereof to Kynybeguy River and through the same 
" unto the head thereof and into the Land Northwestward until One 
" hundred and twenty Miles be ended, being Accompted from the 
" Mouth of Sagadahock, and from the period of One hundred and 
"twenty Miles aforesaid to cross over Land to the One hundred & 
" twenty Miles end formerly reckoned up into the land from Piscata- 
" way Harbour through Newichwannock River ; " — 

And further say that afterwards Anno Dom 1677 the Governour 
and Company of the Massachusetts Bay purchased of the late John 
Usher Esq r the Assignee of the Said S r Ferdinando's Heirs Viz t Fer- 
dinando Gorges Esq 1 ' Son and heir of John Gorges Esq r and Grandson 
of the said Sir Ferdinando the same Tract of Land in the Grant of the 
15 th Charles the first in part before recited & Expressed; All which 
was granted and Confirmed by the Charter of King William and 
Queen Mary for Incorporating the said Province of the Massachu- 
setts Bay unto their Subjects the Inhabitants thereof, Now by the 
said several Grants and Conveyances (in Court to be produced itt 
plainly appears to be the true intent and meaning thereof that the 
premisses were understood to be bounded on a square or at Right 



BOUNDARY LINE PAPERS. 311 

Angles to be Governed or determined by the general course of the 
Sea Coast, which by undeniable Evidence can be sufficiently proved 
to be North East from the Mouth of Piscataqua Harbour aforesaid 
unto the River of Sagadahock and therefore such a construction of 
s d Grant as is made by the Province of New Hampshire in the State 
of their Claim describing the course of their Northern boundary ly- 
ing; before Your Honours from the Head of Newichwannock River to 
run Northwestward (That is to say) North less than a quarter of a point 
Westerly as far as the British Dominions Extends is so Strained and 
forc't a Construction as the words in their usual Genuine acceptation 
will no ways admit of, and altogether Inconsistent and Incompatible 
with the aforesaid Grants And how it is that the Province of New 
Hampshire should now pretend to continue their Line as far as the 
British Dominions Extends, we can by no means conceive or Imagine, 
it being altogether new and unheard of, and for which they can have 
no colour and pretence by or under any Patent or Conveyance what- 
soever touching the same as yet Exhibited. — 

And Finally The said Province of the Massachusetts Bay say they 
thus have Explicitly Sett before Your Honours the true and just State 
of their Bounds as aforesaid, and the Several Letters Patents Records 
& Evidences which with the Witnesses when Sworne will be suffi- 
cient to Maintain the same, and on which the said Province relys, 
they therefore conceive it Equall and Just, that the Province of New 
Hampshire should in like manner Sett forth the Evidences of their 
Exorbitant and excessive demands as in their State no ways corre- 
spondent with the term therein given by themselves of being a small 
Province and more Especially for that his Majesties said Commission 
directs that Province in a particular manner to Describe where and in 
what places the boundaries on the Southern & Northern part of New 
Hampshire ought to begin, And what courses, and how far the Same 
ought to run, Which not only puts that Province under an Obliga- 
tion of so doing, but also of proving and the said Province of the 
Massachusetts hopes Your Honours will require the same./ 

Edm d Quincy 
W m Dudley 
Samuel Welles 
Ben a Lynde Jun r 
Elisha Cooke 
Job Almy 

Thomas Cushing Jun 
Henry Rolfe 
Nathaniel Peaslee 



> a 

O c« 

S-H Cfl 

o 



+ J 09 

O <u 

s o 2 



C/2 



312 PROVINCE OF NEW HAMPSHIRE. 

After the 2 Ans re were read a Motion was made by the Mass : 
Com'ee for Summons's for Witnesses & a reasonable time for Sum- 
moning them — Upon which the Court ordered Summons's to Issue 
& gave time till 22 Aug 1 for the return thereof 

The Mass : Com'ee then produced a Vote of the Gen 11 Court of 
their Province passed by the Assembly 10. Aug 1 & in Council n 
Aug 1 1737. Whereby the s d Com'ee were ord d to assure the Comm^ 
that they sho d on the part of that Province receive a just & generous 
cons : suitable to the dignity of their Comm'on & importance of 
the affair 

[This vote is here given in full from Masonian Papers, Vol. 4, p» 
129, and Prov. Boundaries, p. 114.] 

At a Great and General Court or Assembly for His Majesty's 
Province of the Massachusetts Bay held at Salisbury by Adjourn- 
ment, August 10 th , 1737. 

In the House of Representatives ; 

Whereas it hath pleased His Majesty to appoint, under the Great 
Seal, Commissioners for marking out and Settling the Boundary 
Lines between this His Majesty's Province, and the Province of 
New Hampshire ; in pursuance whereof Several of the Said Com- 
missioners have already met ; And in as much as an Affair of so great 
Importance will in the Nature thereof require much Time & Pains, 
and those Hon ble Gentlemen will be necessarily detained from their 
respective private Concerns very much to their Detriment ; 

Wherefore Voted, that it be an Instruction to the Agents of 
this Province appointed to appear before the Said Commissioners on 
that Affair to assure the Hon ble Commissioners now attending or that 
Shall attend the aforesaid Service, that they Shall have and receive 
on the Part of this Province a just and generous Consideration Suit- 
able to the Dignity of their Commission and the Importance of the 
Affair 

In Council, Read and Concurr'd. 

1 I th Consented to, J. Belcher 

Copy Exam d ^ Simon Frost Dep c Sec ry 

67. The Mass : Com'ee then Moved to have M r Auchmuty al- 
lowed as Council for the s d Province Upon which the Court was of 
opi'on M r Auchmuty sho d not be allowed to be of Council in this 
case but Ordered that if either ^ty desired to be heard by Council 



BOUNDARY LINE PAPERS. 313 

the same sho d be delivered in in writing, which the Court apprehended 
to be what was intended by their Comm'on — & then Adjourned till 
the next day 

12 Aug 1 1737 — 68. — The Mass : Com'ee Presented a Mem 11 to the 
Comm rs Setting forth — 

[In place of the abstract here entered, this document is given in full 
from the original in Masonian Papers, Vol. 4, p. 130.] 

Province of the ) To the Honourable the Commissioners ap- 
Massachusetts Bay j pointed by His Majesty to settle the Boundary 
Lines between the Provinces of New Hampshire, and the Massachu- 
setts Bay in New England./ 

The Memorial of the said Province of the Massachusetts Bay. 
Sheweth. 

That notwithstanding the most Injurious and unjust Insinuations 
to the contrary, The said Province is earnestly desirous of having the 
boundary Lines between that Province & New Hampshire marked 
out and Setled according to Law & Justice, and that with all possi- 
ble Expedition ; That by their Answer to the demands of New Hamp- 
shire they have pointed out the necessity of having One or More 
Skilful persons to prepare Draughts or Plans of the Country and ac- 
cordingly Your Honours as the Province is Informed have been 
pleased to appoint One Gentleman, And the said Province conceive 
it Equal in a case of this Importance there was another Joynecl to 
him, And therefore pray Your Honours so to do, and to Redeem 
time that they may Speedily proceed on the Affair for which they 
were appointed. — 

That it's true, there was formerly a Plan taken of the River Merri- 
mack by William Dudley Esq r But the said Province conceive it to be of 
more Efficacy to have the Draught or Plan taken in Exact conformity 
with the Express words of His Majesties Royal Commission to You 
directed, And accordingly prays the same. And the said Province 
also prays Your Honours to reconsider the Motion they made of be- 
ing heard in all Debates by their Council Learned in the Law, And 
for that End named Robert Auchmuty Esq r a Gentleman regularly 
called to the Barr practiced as a CounchT at Law in the Kings Courts 
at Westminster Hall for many Years, and as such Entituled for his 
Clyent to speak in all his Majesties Courts, this the said Province as 
of Right Claims, and say there never was a Commission from his 
Sacred Majesty or his Royal Ancestors constituting a Court of Judi- 
cature that debarrd the Subject of that Right, and that there is 
21 



314 PROVINCE OF NEW HAMPSHIRE. 

nothing in his Majesties Royal Commission to You Directed that 
looks that way, as they apprehend. — 

In the Name and by Order of the Agents of the said Province./ 

Edm d Quincy — 

70. The Cons : of which Memoriall was continued to the next Ad- 
journm 1 — 2 of the Comm rs being absent 

Ordered that each Com'ee have lib'ty to take Copys of the Ans r 
of each other, & on the Motion of New Hampshire Com'ee It was 
Ord d that they sho d have leave to put in any Ans r to the s d Reply of 
the Massachusetts & the New Hampshire Com'ee were allowed to 
take out Summons's for their Witnesses in the same manner as the 
Mass : 

[In place of the abstract here entered, this document is given in full 
from Masonian Papers, Vol. 4, p. 131.] 

Prov : of 1 Hampton Aug 1 12 th 1737 At a Court of Commis- 

N. Hamp r j sioners Appointed by His Majesty's Commission 
under the Great Seal of Great Britain to Settle the Boundary Lines 
between His Majesty's Provinces of New Hampshire & the Mass a 
Bay in New England — 

Whereas His Majesty's Commission Impowering this Court to 
Settle the Said Boundarys Recommends all Convenient Dispatch in 
that Affair, and a true plan or Draught of the Course of Merrimack 
River & Lands Adjacent as also of the River Newichwannock being 
of great use to give a Right understanding of the Controversy be- 
tween the two Provinces — 

This Court Therefore Recommend unto the Respective Gen 1 
Courts of the Said Provinces Now Sitting, to Agree on Some Plan 
which they Shall think proper to be laid before y e Court for the end 
aforesaid & to prevent the Expence & Delay of taking any New 
Plan — that so the Same may be presented to this Court on Mon- 
day the 22 d Inst 1 to w ch time the s d Court is adjourn'd. — 

And the Clerks are Directed forthwith to Send Copies hereof to 
the Respective Gen 1 Courts Afores d 

[N. H. Vote about Plans, 1737.] 
[Mss. Prov. Boundaries, p. 122.] 

Province of ^| 

New Hamps r >In the House of Representatives 
Aug 1 13 th 1737 j Upon the Recommendation of the Hon ble his 
Maj ties Commissi for Settling the Boundary Lines of this his Maj ries 



BOUNDARY LINE PAPERS. 3 I 5 

Province of Newhampshire, & the Province of the Massachusets 
Bay, for the Assemblys of the Said Provinces to Agree upon a 
Draught or Draughts of the Rivers Merrymack & Newitchwannock to 
be laid before the Said Commiss rs being of Great use to give them a 
Right understanding of the Controversie between the two Provinces, 
to be presented on Munday the 22 d Curr* Therefore that the Same 
be not delay'd 

Voted/ That the Committee already appointed to lay all papers 
& Evidences &c a on the Part of Newhampshire before Said Com- 
miss rs be hereby fully Impowred to agree with Such Committee or 
Agents, as the Great & Gen 11 Court of the Province of the Mass a 
Shall appoint, upon any Draught or Draughts of the Rivers Merry- 
mack & Newitchwonnock to be laid before the Said Commiss rs on the 
22 d Curr* And our Committee is hereby directed that they meet at 
the House of John Brown, Inholder at Hampton Falls this 13 th Ins £ 
at three of the Clock in the afternoone, and that a Coppy of this 
vote be Sent to the Gen 11 Assembly of the Mass a to Inform them 
that our S d Committee will attend at the time and place affore Said, 
or any other time and times, that our Said Committee & that of the 
Mass a Shall Agree upon, & y 1 if the Said Committees do not agree 
that our S d Committee are hereby Impowered to put in before the 
Comiss rs any Draught or Draughts they Shall think Propper — 

James Jeffry Cle r ass m 

In Coun 1 Aug st 13 1737 

Read and Concurred Rich d Waldron Sec ry 

Same day Assented to J Belcher 

\_Meeting of Committees on Plan, 1737.] 

[Mss. Prov. Boundaries, p. 121.] 

Hon ble S r 

The Comittee of Conference concerning a Plan of Merrymack 
River & Newichawanick propose to meet your Comittee next tuesday 
by ten of the clock forenoon at this place when our Generall Court 
will not be Setting we are the rather inclined hereto that So the 
Comittees may compare the looks of the River with a plan thereof 
which by that time may be ready I am on behalf & by order S r your 
Most Obedient Ser* 

Salisbury 13 th August 1737. W m Dudley 

Shadrach Walton Esq r 



3 16 PROVINCE OF NEW HAMPSHIRE. 

[Report of N. H. Committee on Plans, 1737.] 

[Mss. Prov. Boundaries, p. 233, and Masonian Papers, Vol. 4, p. 132.] 

-n • r AT , , _ ) Whereas the Vote of the Gen 11 Court 

Province of New hampsh r f r ,, th T t T . ., ~, 

Hampton An- 1 17-17*7 ( of the I3 Ins Im POwermg the Commit- 
i 5 / /o/ j t ee appointed for Laying all Pappers &c a 

before the Hon ble the Commiss rs for Settling the Boundary lines, To 
agree with Such Committee or Agents as Should be Appointed by 
the Gen 11 Court of the Mass a upon any Draught or Draughts of the 
River Merrymack and Newitchwannock, In pursuance of the Said 
Vote, We attended at the time and place therein Mentioned but 
heard nothing from the Mass a Committee untill the day following at 
Portsmouth by a letter which is herewith offered, Proposing a Meeting 
at Salsbury on Tuesday the 16 th Instant at ten of the Clock before 
Noone when and where we the Subscribers did Repaire, but not be- 
ing Impowered by Said Vote to Transact any affaire therein Men- 
tioned out of the Province did not presume to make any agree- 
ment on any Draught, but haveing Viewed a Draught Exhibited by 
Said Committee containing a Plat of the River Merrymack, & the 
River from thence to Winipisiokee Pond, which being proposed by 
both Committees to be laid before the Respective Generall Courts 
for their Approbation, and we haveing Viewed the Same and find it 
differ in nothing Materiall from the Plan or Draught made use of in 
this affaire in England and now on the files of this Hon ble Court, and 
altho the Said Draught may not be Exactly Right in Every ^ticular, 
Yet that the Affaire in Controversy may not be Littigated or hin- 
dered we humbly propose to this Hon ble Court that they (when the 
Said Draught Shall be laid before them) do approve and allow of the 
Same to containe a Plat of the River Merrymack from the Mouth 
thereof where the Water Runs into the Atlantick Ocean to the head 
of the Said River viz 1 at the falls about a Mile above Haverill Meet- 
ing House and from thence a Plat of the River Winnipisiokee till it 
comes to the Head thereof, viz 1 the Great Pond Winnipisoky to- 
geather with the Scverall falls & Mouths of the Rivers Emptying 
themselv's into the Same, We alsoe humbly offer a Draught of the 
River Newitchwannock to the fartherst head thereof which we ap- 
prehend contains a True Piatt of Said River as it was formerly taken 
and Lately Surveyed by M r Cyrprian Jeffry, all which is numbly 
offered & Submitted to the Consideration of this Hon ble Court By 

Sha d Walton ] 

Aug 1 20 th 1737 In the House^ Theodore Atkinson | 
of Representatives The above I And r Wiggin > Committee 

Return was Read and Voted ( Tho s Packer 
that it be accepted & approved J James Jeffry 

James Jeffry Cle r Ass m 



BOUNDARY LINE PAPERS. 3l6A 

[Vote of Mass. about Plans, 1737.] 
[Mss. Prov. Boundaries, p. 126.] 

Prov e of the Mass a Bay In Councill Aug* 18 th 1737 

This Court having upon the Recomendation of the Court of Com- 
miss rs agreed upon a Plan or Draught of the River Merrymack to be 
laid before them 

Voted/ that a Coppy of the Said Plan and the Committees Re- 
port, and the Order of this Court thereon be Exhibited to the Gen 11 
Court of the Provin 5 of Newhampshire in orde to their Agreeing 
with this Court in presenting the Said Plan, to the Commiss rs affores d 

Sent down for Concurrence Simon Frost Dep* Sec r : 

In the House of Rep r August 18 th 1737 Read & Concur'd 

J Quinsy Spe k 19 Consented J Belcher 

Copy Exam d fJ Symon Frost Dep 1 Secretary 

Copy Exam d J. Jeffry Cle r Ass m 

Province of the Mass a Bay, The Committee appointed to Confer 
with the Committee of N. H : in ord r for the Respective Gen 11 
Courts agreeing on and presenting to the Court of Comiss rs a Plan or 
Draught of Merrymack and Newitchw a Rivers, Do Report that they 
have attended y l Service in Salsbury the Last tuesday, & Laid before 
the Said Committee of N. H. a Draught or Map of the River now 
and always Known and Called by the Name of Monomack alis Mer- 
rymack, who agreed to its being a true Plan of the Said River, and 
that it Should be presented to the Respective Gen 11 Courts, The S d 
Committee of N H : offered to us a Plan of Part of New k River & 
acquainted us that a Surveyor was then perfecting the Survey or 
that River in order to Compleat the Said Plan, and to which we ob- 
jected Not, This Committee do therefore herewith humbly present 
the affore Draug* or Map, of Mono "alias Merry k from the Crotch or 
Parting thereof into two Equal Streams down to the Mouth thereof, 
or where it now Emptys it Selfe into the Sea being a full Mile More 
Southward than where it formerly did neare the Black Rocks that 
So y e same may be Approved of By both Courts, & presented to the 
Hon ble Commiss rs for Marking out & Setling the Boundarys between 
the two Provinces according to their Recomendation 

By order of the Committee W m Dudley 

Salsbury 18 Aug* 1737 

In Councill August 18 th 1737 Read and Ordered that this Report 
be accepted & y t the Plan hereunto Annexed be accordingly pre- 
sented to the Hon ble Comiss rs as a true Draught of the River Merry- 
mack agreeable to their Recomend a 

Sent down for Concurrence Simon Frost Dep* Secre y 

In the House of Representatives Aug 1 18 th 1737 — Read & Con- 
cur'd J Quinsy Spea k 19 Consented to J Belcher 

Coppy Exam d ^ Simon Frost D Sec r 



316B province of new Hampshire. 

[N. H. Vote about Plans, 1737.] 
[Mss. Prov. Boundaries, p. 124.] 

Province of New \ 

Hampshire Aug st 20 th 1737 j In the House of Representatives, 
Pursuant to the recomendation of the Hon ble Court of Commissioners 
for to agree upon a plan or Draught of the River Merrymack to be 
laid before them, And having now before this House A Plan or 
Draught presented by the Generall Court of the Massachusetts : for 
this Court to Agree with them upon to be presented to the Hon ble 
Court of Commissioners And upon Examination of the affore said 
Draught we find the Compass on said Draught Not to be true, But 
in asmuch as it will not be of Any Great Importance the Mistake in 
the Compass by Reason his Maj ties Commiss 1 ' 5 Requires a Plan or 
Draught Not for Marking out or Setling the Boundarys between the 
two Provinces by But to give A Right understanding of the Contro- 
versey between the two Provinces only, Therefore Voted/ that the 
Annexed Plan be presented the Hon ble Commiss rs to give them an 
Idea of the Course of the water from Winnipisioke Pond to where it 
Emptys it selfe into the Atlantick Ocean But we Know of no Such 
Name as Merrymack River any further than from the rivers Mouth 
as far as the Salt water flows or to the first falls about a mile above 
Haverill Meeting House And from thence a Plat of the River Wini- 
pisioke till it Comes to the head thereof Viz 1 the Great Pond Wini- 
pisioky And as to the Channel at the rivers mouth where it Emptys 
it selfe into the Atlantick we know of No Alteration that it is to the 
Southward of where it us'd to be formerly — Nor do we know of any 
Such Thing as the Black Rocks or Indicots tree Ever to be Any 
bound Mark between the Provinces — And it is also voted/ That 
the Plan of Newichawonock River taken by M r Cyprian JefTry be 
Allowed by this House to be a true Draught of said River to the 
Ponds, And direct the Same to be Laid before the Hon ble Court of 
Commiss rs for the Ends above said — 

Voted it be sent up for Concurrence — 

James Jeffry Clerk Ass 111 

22 Aug 1 1737 — The Court Directed the Evidence of each ^ty 
sho d be taken in open Court by way of question & Answer & that 
each 1*ty sho d be ready with their Witnesses the next morning till 
which time, they Adjourned 

23 Aug 1 1737 — The Comm rs met according to Adjournm* & the 
Com'ees of both Provinces appeared & the Massachusets produced 
6 sev 11 Witnesses who were Sworn & Exaied — & their Dep'cons are to 
the ffoll effect 

Witnesses Examined before the Comm rs on behalf of the Massa 
CHUSETTS Bay 



BOUNDARY LINE PAPERS. 317 

[Instead of the abstracts here entered, these documents are given in 
full from the originals in Masonian Papers, Vol. 4. pp. 134-138.] 

Joseph Butterfield Aged about fifty Seven years deposeth and 
Saith that about forty years ago & for about Seven Years altogether 
from that time he hunted with y e Indians & that the Indians at that 
time Called the River that Empties it self into the Sea betwixt New- 
bury & Salsbury, Merrimack River, & so they Called it Penny cook 
and above till it Came up to the Crotch of the Rivers or that River 
which Comes out of Winnepisseogg pond & the Other Branch they 
Called Pemichwassit, & I never heard them Call it by Any other 
Name during that time of my hunting & trading with them or by any 
other name during my whole Life 

Aug 1 23 d 1737. The Depon 1 being asked whether he did not know 
a Tribe of Indians called by y e name of y e Pennicook Indians. An- 
swered he did not, nor y* he ever head of any Such. — the Dep* be- 
ing asked who wrote this Depo'con for him, Answered M r Hazzen of 
Haverhill, but that he dictated it to him. 

Signum 

Joseph X Butterfield 

[Masonian Papers, Vol. 4, p. 135.] 

The Declaration of John Cumings of Westford in the County of 
Middlesex & Province of the Massachusetts Bay in New England 
Yeoman, aged fifty six years or thereabouts, Testifieth & saith That 
sometime in the Year 1702 or 1703 There was a ffort Built at the 
upper End of Dunstable, kept as a Trading House by the English. 
In either of which Years he went as a Soldier to said ffort, which 
brought him well acquainted with most or all of the Indians of Pen- 
nycook ; And that he was oftentimes up the River then called by 
them Merrimack River, And one time particularly he went up said 
River Twenty Miles or thereabouts, when & where the said Indians 
called it by no other name than Merrimack River, And the Winter 
after he proceeded against the Indians with Captain William Tyng, 
and an Indian named Jo English, then a noted Pilot, called it by the 
name of Merrimack River, to the place & so far as the River of Win- 
niposeckett so far as the Crotch And that he the said Jn° Cumings 
never knew it go by any other name than Merrimack River. 

the Depon 1 being ask'd whether he did know a tribe of Indians 
Called by y e Name of the Pennicoke Tribe Answered he never knew 
them calld a tribe of Indians but Pennicoke Indians — and whether 
there was any other Indians Inhabited on that River but Pennicoke 



3 18 PROVINCE OF NEW HAMPSHIRE. 

Indians Answ d he never knew any other — whether he knew what 
Tribe those Pemicoke Indians belong'd to Answ d he did not — And 
who wrote his Evidence Answer'd he did not know y e Man And 
whether he ever knew the great River above Said called by the Name 
of Pennicoke Answ d he never heard it called by any other name than 
Merrimack. — 

August 23 d 1737. John Comings 

[Masonian Papers, Vol. 4, p. 136.] 

Benjamin Parker of Chelmsford in the County of Middlesex & 
Province of y e Mass a .Bay being more Than Seventy Three Years of 
Age, Testify eth and Saith that he has Dwelt from his Infancy near 
to Merimack River in the Town of Chelmsford And at the age of 
about Seven years went to live with M r Henchman upon the Banks 
of Merimack River Above the falls Called Pautucket Falls And con- 
tinued to Dwell there many years when and where was managed a 
Great Trade with the Indians Dwelling On Said River from s d falls 
up the River to Penicook And Above and y e Depon* was well ac- 
quainted with many of these Indians perticulerly with George Te- 
hant° and One Alancet Indian Sachems and Chief of y e Indians 
Then Dwelling on Said River for upwards of Sixty Miles Above 
Pautucket Falls (and Well understood their Language) and This De- 
ponant went (Some Time before the first warr with those Indians 
viz 1 ) in or about the Year of Our Lord 1673. with, and to wait on 
Said M r Henchman up the Said River to y e place Called Penicook 
(now Rumford) where many Indians then Inhabited, (As well as in 
many other places on s d River) And All That Space viz 1 from Pau- 
tucket falls to penicook and Above as far as y e River Coming out of 
Winepisseokie at y e place Called y e Crotch the Said Indian Sachems 
& all others this Depon 1 was acquainted with Called the Same Meri- 
mack River being the Same which Runs between Nubury & Sals- 
bury into y e Sea and This Deponant further Saith That he never 
heard or knew the Said River from the Mouth thereof to y e Croch or 
meeting of Winnepisseokie River with y e Western Branch Called 
Pemichewasset was Called or known by Any other name than 
Merimack, by Indians or english & being ask'd who wrote this 
Deposition Answ d Col° Prescot of Grotton in y e Said County of Mid- 
dlesex — and whether there was not other Indians lived on Merri- 
mack River besides y e Pennicoke Indians Answ d they were all calld 
Pennicoke Indians. — 

August 23 d 1737 Benjamin parker 



BOUNDARY LINE PAPERS. 319 

[Masonian Papers, Vol. 4, p. 137.] 

The Declaration of John Longley of Groton in the County of 
Middlesex in the Province of the Massachusetts Bay in New Eng- 
land Yeoman, Aged 55 Years or thereabouts, Who Testifies & saith, 
that about ffourty three Years past, he was taken with others, a Cap- 
tive by the Indians from Groton afores d , and was carried by them 
thro the Woods till they came to a small river called Blackbrook 
above Ameskeeg flails where the said Indians had their Canoes ready 
to Embark. And after they had Embarkt they came to a great 
River, And some of the English that was Captives asking the Indians 
what the name of that great River was, they answered Merrimack 
River, And that they went up said River as far as the River called 
Winniposockett at a place called the Crotch. And that in the Year 
1703, he went up said River with Cap 1 William Tyng with a noted 
Indian Pilot with them, named Jo : English, as far as said River 
Winniposockett to said Crotch, and the said Indian Pilot called it by 
no other name than Merrimack River as afores d And that he the 
Depon* never knew it Called by any other name during his knowl- 
edge. And further the Depon* being askd who wrote his Deposition 
Answ d he did not know y e mans Name. — 

Aug* 23 d 1737. John Longley 

[Masonian Papers, Vol. 4, p. 138.] 

The Deposition of Henry Farewell late of Chelmsford Now of 
Dunstable in the County of Middlesex in y e Prov. of y e Mass a Bay 
Aged about Sixty three Years this Depon* Testifies that he Lived 
near Merrimack River from his Infancy & that when he was about 
twelve Years of Age he heard the old Indians Some near 80 
Years of Age Say that the River from the Mouth up to the Crotch 
was called Merrimack River And he often heard the English Say 
that twas called Merrimack River & that he never heard it callcl by 
any other Name than Merrimack River by Indians or English 

Aug 1 23 d 1737. Henry Farwell 

[Masonian Papers, Vol. 4, p. 138.] 

Isaac Bradly of Haverhill in the County of Essex in the Prov. of 
y e Mass a of fifty Seven Years of Age Testifyes & Saith That About 
forty Years Ago This Deponant was Taken by the Indians part of 
whome were of the Merimack Indians and Others of them belonged 



320 PROVINCE OF NEW HAMPSHIRE. 

to Saco and they Informed me One party was going to Merimack 
River After which I went with the Indians Hunting to Merimack 
River (as the Indians Called it), Above Penicook And after my Return 
out of Captivity About y e Year 1 702 and for Many Years after I was 
Improved as a pilot to parties of men Imployed in y e warr with the 
Indians up the River Runing into the Sea between Nubury and Sals- 
bury to the Croch or coming in of the River Issuing out of Winne- 
pisseokie pond being Accompanied with One Joseph English an In- 
dian pilot and an Inhabitant of Penicook (now Rumford) with Other 
of y e Penicook Indians and they Called the Same River Merimack 
from the Mouth thereof to y e Crock or meeting of y e Rivers y e east- 
ern Branch Called Winnepisseokie & the other Pemichewasset fur- 
ther the Deponant Deposeth That he was well Acquainted with 
Waternuman an Indian Sachem & Cap 1 of y e Merimack Indians And 
with Many other Indians All of whome Called the Said River as far 
up as to y e Crock or meeting of y e Two Branches forementioned 
Marimack and I never knew y e Said River Called by Any other name 
by Indians or english in all my Life 

Ouest'on whether you did not understand that the Indians you call 
Merrimack Indians went by the Name of y e Pennicocke tribe Answ 
I did not 

O. whether you did not understand that where there was a Saga- 
more there was always a tribe of Indians Answ — I did not — O. 
where was Walternummun Sagamore of Answ. of Pennicoke Q 
did you ever know the River that goes by Pennicoke called by the 
Name of Pennicoke or any other Name than Merrim. from the Mouth 
Clear up to the Crotch Answ. I never did — Q. who writ & Dic- 
tated your Evidence Answ. a Haverhill man wrote it & I dictated 
it my Self 

Hampton. August 23 d 1737. — Isaac brady 

Note — The Ans rs given by the above 5 Witnesses to the gen 11 In- 
ter'ry was delivered in by them in writing & not Declared viva voce 

80. eodem die — The Comm rs met again according to Adjournm 1 , 
& the New Hampshire Com'ee made a Motion in writing 

[In place of the abstract here entered, these documents are given in 
full from the originals in Masonian Papers, Vol. 4, p. 139.] 

Province of New Hampsh r ) To the Hon ble the Commissioners Ap- 

Hampton Aug st 23 d 1737 \ pointed By his Majesty for Settling the 

Boundary Lines between His Majesties Province of New Hampshire 






BOUNDARY LINE PAPERS. 321 

& Province of the Massachusetts Bay in New England Humbly 
Sheweth 

The Committe appointed by the Governm* of New Hampshire 
that they Concieve Evidences Liveing in the Province of the Massa- 
chusets Bay ought not to be received by this Hon ble Court they be- 
ing all Parties to the Same, & Tennants in Common with Respect to 
the Property Saveing which, if over Ruled we Pray that the Evi- 
dences — A List of whose Names are herewith Presented may be 
sworn to Answer the following Interogatorys — viz t — 

i Weither they are Acquainted with the mouth of Merrimack 
river where it Empties it Selfe into the Atlantick Ocean and how 
Long they have Known the Same 

2 Weither there is Any Alteration in the said rivers Mouth on 
Either side said river — 

3 d Weither they have Lately seen & taken Notice of the said 
rivers mouth — 

4 ly Weither they Know the black rocks & what Distance they are 
within the Chops of the said river 

5 ly Weither they have observed any Difference or alteration in the 
Channell Neare the said rocks or the shores thereabouts & what y e 
Alteration is — 

6 Weither the Channell Ever run out of s d river to the Northward 
of said Rocks that they know of 

Cap 1 Paul Wentworth Esq Jacob Brown 

Ephraham Maston Jonathan Philbrick 

Joseph Philbrick 

Sha d Walton 

Geo. Jaffrey 

Jotham Odiorne 

Theodore Atkinson }■ Com 1 

And r Wiggin 

J Rindge 

Tho s Packer 

Witnesses Desierd by the Com — of N H 
Jacob Brown ") 

Morris Hobbs Vail of Hampton yeomen 
Ephra Marston J 

j j 

[Masonian Papers, Vol. 4, p. 131.] 

1 : I have known y e Same 60 Year 

2 Quest Answ r that he knows of none 



322 PROVINCE OF NEW HAMPSHIRE. 

3 y l he was there Last Week 

4 that he always accounted it a Mile Some Say tis More 

5 that he knows of no Alteration of the Channel of Said River 

6 that he never knew or heard of Such a thing till within this 
Week. See y e addition in the rough Sheet. — 

Ephr a X Maston 

[Masonian Papers, Vol. 4. p. 140.] 

Paul Wentworth of Dover in y e Pro : of N. Hampshire Esq r Aged 
ab 1 59 y rs being Interrogated upon Oath Says. 
To y e first Interr. Says he has been acq d with y e River ab 1 40 y r 

past ; havs gone in & out of y e Same a great many times. — 
To y e 2 d he Says, that he havs veiw d y e River y e last Saturday could 

not perceive any material Alteration the Dep* not having Seen y e 

Rivers mouth before Since y e y 1 ' 1703. — 
To the 4 th That it is half a mile if not more. 
To the 5 th That he could not perceive any material alteration ; — 
To the 6 th That he never knew that it did ; — 

The Dep* being asked whether there was not a Channl or water to 
the Northw d of y e Black Rocks where they used to pass thro' with 
Canoe's, Answered, No. — 

Aug 1 23 d 1737. Paul Wentworth 

Jacob Browne of Hampton in N. Hampshire Yeom. ag d ab 1 85 
years. Sworne. 
To y e I st Interr. Sayd he had been acq d with the River ab 1 Sixty 

years. — 
To the 2 d Says there is none or very little. 
To the 3 d That he Saw it the last week 
To the 4 th That the Black Rocks are a mile or near within the Chops 

of y e River. — 
To the 5 th That he could not perceive any difference or alteration. 
To the 6 th That he never knew that it did 

Signum 

Jacob X Browne 

Jon a Philbrick of Hampton in y e Pro : of N. Hamp : aged 81 years. 
Sworne. 
To the first Int. Says, that he has been acquainted with the Same 

ab 1 forty years. 
To the 2 nd That ye Dep 1 cannot perceive any Alt' 1 
To the 3 d That he Saw y e Same y e last week 



BOUNDARY LINE PAPERS. 323 

To the 4 th That the Black Rocks he knows & y e Same are better 
than half a mile from or within y e Chops of the Riv r accords to his 
best Judgm 1 

To the 5 th That he could perceive no alteration 

To the 6 th That he never knew that it did, nor never heard So till 

within ab* a week past. — 

The Dep* being asked whether he was there at high-wat r or low 

water, Answered he was there at both. 

Sign. 

Jon a X Philbrick 

Joseph Philbrick of Rye in N. Hampshire Marr r ag d ab 1 74 y rs 
Sworne Says. — 
To y e 1 Int. That he has been acquaint d with the. Same near ab* 50 

years. 
To the 2 d & 3 d That he cannot perceive any alteration, hav g viewed 

y e Same last Saturday, & that he has been often in & out of y e 

s d River. — 
To the 4. That he knows y e Black Rocks & that according to his 

best Judgm* they are near a mile within the mouth of the River 
To the 5. That he could perceive no alteration. 
To the 6. That he never knew that it did. 

Joseph Philbrick. 

The Massachusetts then Produced & Exa'ied the 3 ffoll Wit- 
nesses on the above New Hampshire Internes on their part 

[In place of the abstract here entered, these documents are given in 
full from the originals in Masonian Papers, Vol. 4. p. 140.] 

On y e part of y e Mass a 

St Greenleafe of Newb. in y e C° of Essex in the Pro. of y e Mass a 
Bay Gent. Aged 85 y rs Sworne & Exam d upon y e N. H. Interr 5 An- 
swered & Said 

To y e 1. Int. That he has known y e Same ab 1 fourscore year even 
from a Child & has gone in & out of y e Same as M r of a Vessell 
from ab 1 60 years ago till within 12 or 14 years Since or thereab* — 
To the 2 d That within or at the Rivers mouth he knows of no alter- 
ation, but the alteration he knows of is at the Barr ab 1 a mile with* 

y e Riv rs mouth. 
To the 3 d That he has Seen y e Same twice within y s m° 
To the 4 th That he knows y e Black Rocks, & that they make one 

Side of y e Chops of y e River as they counted formerly, and that 

there are now Sands which lay near South East from y e s d Rocks 



324 PROVINCE OF NEW HAMPSHIRE. 

To the 5 th That he could perceive no alteration near the s d Rocks, 

but that y e Sand is hove up with 1 y m 
To the 6 th That he never knew that it did. — 

The Dep* being asked wheth r he knew any thing of a Ships being 
cast away near y e s d Rocks and how long it was Since Answered, 
that he knew there was a Ship cast away there or Sunk by design as 
'twas report d She being going out & y* y e Same was upwards of Sixty 
years, ago, and that he was one of y e Number that tryed to weigh 
her, and that the reason why they could not weigh the Ship was be- 
cause y e Sea came in upon them at every flood there being no Beach 
without y e place where y e Ship, lay, as now there is. — the Dep* Says 
the Ship was Sunk on the Edge of y e Channel, her Stern coming 
near the side thereof, and he do's not know but that it may be ab 1 
a Ships length from where the deep water was. — 

Stephen Greenlef 

William Titcomb of Newb. in y e County of Essex in the pro : of 
ye ]y[a B a y Blacksmith. (Sworne), ag d yS years Exam d upon y e N. H. 
Interr 5 
To y e i Int. That he has known y e Same ab* 6o year. 

2 That there is an alt. at y e mouth of y e River but up at y e 

Black Rocks he knows of no alt n 

3 That he has Seen y e Same within this m° 

4 That he knows y e Black Rocks & believes y e Same to be 

better than half a mile within the mouth of y e River and 
that the s d Black Rocks were account d to be on y e N ly Side 
of Merrimack River. 

5. That he knows of no alt n by the Black Rocks, but down below 

y e Rocks there is an alt n the Bank of Sand being gathered 
from y e Northwr d or Increased so as to make y e Chann 1 
run more over to the Southward towards Plumb Island 

6. That he never knew that it did. — 

O. w r the Black Rocks were not the North Side of y e mouth of y e 
River. — 

A. That they were. 

0. w r the Chann 1 below y e S d Rocks at y e mouth of y e River is 
not altered considerably to the Southw d to what it was when he first 
rememb d it. — 

A. That it was alt d consid y with 1 y e Rivers mouth near half a mile 
to the Southward. 

O. w r there was any Beach or Sand without the lowermost Black 
Rocks or Badgers Rocks. 



BOUNDARY LINE PAPERS. 325 

A. That there was none, but only Shole water & y* y e same was 
Easterly therefrom. 

Q. W r he ever knew a Chann 11 run out where y e point called Salis- 
bury point or Beach now is where they mow. 

A. No. — 

William Titcom 

Joseph Eaton of Salisbury in y e Mass a Gent Aged ab* yj y rs Sworne 
& exam d upon y e N. H. Int s 

To y e 1. Int. That he has known y e Same ab* 50 year. 
To the 2 d That there is a great alt n by a Beach's being raised up 
about a mile, which turns y e Chann 1 to y e Southw d 
To the 3 d That it is Some years (ab* 3 or 4) Since he Saw y e Same 

as to y e other Int s the Mass a waved y e Same. — 

Q. What was there formerly without the lowermost Black Rocks ? — 
A. Nothing but Sands, Seen about an hour before low water. — 
Q. Whether Vessels used to go over or thro' that place which is now 

Beach & mowable. 
A. That Vessells used to go thro' where there now is a high Beach 

and y e grass grows. — 
Q. W r that place was accounted the main or best Channel. — 
A. That he can't be particular or certain which was the best Chan- 
nel, but that it was called the North Chann 1 & by Some reckoned 
the best Channel, but that he do's not know of his own knowlege 
which was the best Chann 1 

Joseph Eaton 

24 Aug* 1737 — ffo : 91. — The Com'ee of the Massachusetts 
Moved the Comm rs to take into their cons : their Memoriall of the 
12 th Instant & at the same time produced a Vote of the Gen 11 Court 
of the Mass : appointing 2 other Gent. Viz* M r Auchmuty & M r 
Read to be of the Com'ee touching this Controversy & desiring they 
might be so admitted Which Vote being read & it appearing thereby 
that 2 of the former Agents of the Mass : were wanted at home & 
that the 2 new ones were appointed in their room, They were accord- 
ingly Admitted 

[The above mentioned vote is here given in full from Masonian 
Papers, Vol. 4. p. 141.] 

At a Great and General Court or Assembly for His Majesty's 
Province of the Massachusetts Bay held at Salisbury by Adjourn- 
ment, August the io* h 1737. 



326 PROVINCE OF NEW HAMPSHIRE. 

Aug : 12, In the House of Representatives ; 

Whereas one of the Agents appointed to appear before the Court 
of Commissioners on the New Hampshire Boundaries is called out 
of the Province, and the Business of another will Speedily demand 
his Attendence out of the Province also : 

Voted That Robert Auchmuty & John Read Esq rs be and are 
hereby Authorized and impowered Agents, And are accordingly 
joined with the other Agents to appear before the Said Hon ble Com- 
missioners in the Said Affair ; Any Five of the Said Agents to be a 
Quorum. 

In Council Read & Concur'd 

Consented to, J Belcher 

Copy Exam d *$ Simon Frost Dep t Sec 1 "*' 

Then the Comm rs taking notice of their Resolution or Recommen- 
dation of the 12 th Instant to the Gen 11 Courts of the 2 Provinces for 
Agreeing upon a proper Plan to lay before 'em of the Rivers Merri- 
mack & Newichwannock & that the Gen 11 Court of New Hampshire 
had not sent any Resolve of theirs touching what was so recom- 
mended to them but that it appeared to be acted upon by one branch 
of the Legislature only. 

The Court therefore renewed their recommendation of this affair 
to the Gen 11 Court of New Hampshire to agree upon some Plan in 
conjunction with the Gen 11 Court of the Mass : & to report their 
Concurrence or non-conurrence with what had been do?ie by the 
Gen 11 Court of the Mass : touching the prem'es in writing that so the 
Comm rs might proceed with all possible Dispatch — And the Clerks 
were ordered forthwith to Deliver a Copy hereof to the Com'ee of 
New Hampshire 

93. And" the Mass : Com'ee having made a Motion in writing 
Praying That as the Dep'cons of sev 11 of their Witnesses sworn the 
day before were drawn up by ^sons out of Court & had not been 
drawn up by the Comm rs Clerk in the presence of the Witnesses & 
signed by them in open Court as directed by the Comm'on, That they 
might be again produced & exa'ied in open Court as the Comm'on 
directed & exhi'ted a sett of Internes for that purpose, The cons : of 
this Motion was deferred till the next day to which time they Ad- 
journed 

[The above-mentioned motion is here given in full from the original 
in Masonian Papers, Vol. 4. p. 141.] 

To the hon b, ° his Maj** 8 Commissioners for settling the boundary 
lines between the Provinces of New Hampshire & the Massachu- 
setts Bay 



BOUNDARY LINE PAPERS. 327 

' The Agents for y e Province of the Massachusetts Bay humbly 
pray, that for as much as the depositions of several of their witnesses 
were drawn up by Persons out of Court, and not drawn up by y e 
Clerk of this hon ble Court in presence of y e witnesses & signed by 
them in open Court as the Royal Commission for the holding of this 
honourable Court expressly directs, wherefore they humbly pray the 
s d Witnesses here produced may be Examined in open Court upon 
y e interrogatorys herewith presented, their answers upon oath taken 
down by the Clerks of this Court & y e same signed by y e witnesses 
in open Court accordingly. — 

E Quincy 
In the Name of the Agents 

\Vote of Mass. Council, 1737.] 

[Mss. Prov. Boundaries, p. 128.] 

In Council August 24, 1737. 

Ordered That the Agents appointed in behalf of this province 
to appear before the Hon ble His Majestys Court of Commission^ 
now Sitting at Hampton, lay before this Court, at Such times as it 
Shall be Sitting an Account of their Proceedings in that Affair, de 
die in diem ; That so the Court May be the better enabled to Act 
what may be thought proper relating thereto. 

Sent down for Concurrence Simon Frost Dep t Sec 17 

In the House of Repres ves Aug: 24, 1737 

Read and Concur'd. J Quincy Sp kr 

Consented to, J Belcher 

Copy Exam d f? Simon Frost Dep* Sec ry 

25 Aug* 1737 — 96 — The Motion made by the Mass: Com'ee 
yesterday Granted & then Adjourned till the next day, & their Wit- 
nesses were produced & Examined accordingly 

26 Aug* 1737 — 97 — The New Hampshire Com'ee ffiled a Protest 
in writing ag l M r Read & M r Auchmuty being rec'ed as 2 of the 
Com'ee 

[In place of the abstracts here entered, these protests are given in 
full from Masonian Papers, Vol. 4, p. 142.] 

N Hamp r Protest V s Read & Auchmutys Being heard orally — Viz — 

For That upon the Petition of the Massachusetts Praying to be 

heard by Council Learned in the Law the order of this Hon bIe Court 



328 PROVINCE OF NEW HAMPSHIRE. 

on the II th Ins 1 Decreed that no Oral Pleading Should be Admitted 
which order we Esteemd as Conclusive & therefore came unprepared 
with Such Council & the Court now admitting M r Read & Auchmuty 
Two of the greatest Lawyers in America on the parte of the Massa- 
chusetts because y l Governm* Added them to y r Comittee when it Is 
not in the power of New Hamp r at this Juncture to Obtain Any 
Assistance or advice from Such Imenent Lawyers none Liveing 
nearer than Boston being fifty Miles from Court & therefore Look 
upon Such Procedings Contrary to the Express words of the Decree 
afores d An Injury to his Maj ty Province of New Hamp r & do there- 
fore Protest Ags t their being orally heard & pray the Same may be 
Entred in the minits of this Hon ble Court & made Parte of the Case — 

behalf 
y e Comittee 



Theod 1 " Atkinson ] f 



Against the Massa : Evidences 

His Maj ty Province of New Hamp r beg Leave to Protest against 
the Evidences Produced by the Massachusetts & Say their being ad- 
mitted as Evidences is not only illegal but Contrary to the Intent 
of his Maj ty Comission Constituting this Hon ble Court for that 
they are all parties in the Case being not only Inhabitants but as 
Such Proprietors of all the Lands ungranted in the Province of the 
Massachusetts & further their comeing prepared with their evidences 
Drawn up out of Court & by Persons Liveing on the Controversy & 
Deeply & Perticularly Intrested in the Dispute as the evidences 
Confessed in Court — and alsoe for that they were admitted to Swear 
A Second time when the party had Large opportunity to Confer 
with them which must be Supposed was the Case their first & Sec- 
ond Evidences widely Differing as in the Case of Tho s Parker Per- 
ticularly in Relation to his Age — 

Theod 1 ' Atkinson \ c _ ~ t „ 
j of y e Com tee 

The Massachusetts then Produced & Exa'ied the same 5 Wit- 
nesses upon the ffoll Internes Viz 1 

[Masonian Papers, Vol. 4, p. 143.] 

Province of the j Interrogatories Exhibited to His Majes- 
Massachusetts Bay ( ties Commissioners for marking out and Set- 
ling the Boundaries between the Provinces of the Massachusetts Bay 



BOUNDARY LINE PAPERS. 329 

& New Hampshire, as well on the Southern as on the Northern 
part of New Hampshire, by the Province aforesaid, for Sundry Wit- 
nesses, On the part of the Province, to make Answer unto. 

I st What is the name of that Stream or Great River running over 
Pantuckett Falls./ 

2. What is the name of that Great River or Stream whereinto Nash- 

away River Empties it self./ 

3. What is the name of that Great River or Stream whereinto Sou- 

hegan River Empties it Self./ 

4. What is the name of that Great River or Stream wherein Piscat- 

aquaoy River Empties it Self./ 

5. What is the name of that Great River or Stream running over 

Amaskeeg flails./ 

6. What is the name of that Great River or Stream whereinto Sun- 

cook River Empties it Self : / 

7. What is the name of that Great River or Stream that runneth 

through Pennicook Plantation now call d Rumford./ 

8 What is the name of that Great River or Stream whereinto Con- 
toocook River Empties it Self./ 

Qthiy what is the name of that Great River or Stream whereinto Pem- 
egewassett & Wenepesiokee Rivers runneth into 

10. Whether the whole of that Great River from the Crotch or 
meeting of Pemegewassett & Wenepesiokee down to the ffalls 
at Pantuckett is, and ever was known & called by the name of 
Merrimack./ 

1 1 W r that Great River which runneth from y e union of Pemegi- 
wasset & Wennepesiokee Rivers over Pautucket Falls & Emp- 
ties it self into y e Sea between Newbury & Salisbury be not all 
along reputed and known by the Name of Merrimack River. 

[In place of the abstracts here entered, these documents are given 
in full from the originals in Masonian Papers, Vol. 4. p. 140.] 

Isaac Bradley, Sworn e, aged about 57 y rs 

To y e I st Interr. A. that it is called Merrimack. 
2. A. that it is called Merrimack. 

3 A. That it is call d Merrimack 

4 A That he do's not know. 

5 A That it is called Merrimack. 

6 A. That it is called Merrimack. 

7 A. That it is called Merrimack. 

8 A. That it is called Merrimack 

22 



330 PROVINCE OF NEW HAMPSHIRE. 

9 A. That it is called Merrimack. 

10 A. That it has ever been called by the Name of 

Merrimack Since he knew any thing ab l it be- 
ing So called by the Ind s y* used there, & he 
hav g known y e Same ah* 40 y rs 

1 1. A. That he never heard it called by any other Name 

than Merrimack, being what y e Dep 1 called it 

and others told him it was called by that Name. 

O. W r he ever heard that part of the River between Haverhill & 

Bradford called Haverhill River. A. Yes. 
Aug t 26 th 1737. Isaac brady 

Joseph Butterfield, Sworne. 

To the 1. Int. A. That it is called Merrimack. 

Merrimack. 

Merrimack. 

Merrimack. 

Merrimack. 

Merrimack. 



2 


A. 


3 


A 


4 


A 


S 


A 


6 


A 


7- 


A 


8 


A 


Q 


A 


10 


A 


11 


A 



to y e 7. A Merrimack. 

Merrimack. 

■ — Merrimack. 

Yes. 

Yes. 

O. W r he ever heard that part of the River between Haverhill & 

Pennicook now Rumford called Pennicook River 
A. No. 

Signum 

Aug 1 26 th 1737. — Joseph X Butterfield. 

John Commings. aged 56 y rs Sworne. 

To the 1 Int. A y 1 it is called Merrimack 

2 A. Merrimack 

3 A. Merrimack 

4 A. Merrimack 

5 A. Merrimack 

6 A. Merrimack 

7 A. Merrimack 

8 A. Merrimack 

9 A. Merrimack 

A > he never knew it called by any other Name. 



BOUNDARY LINE PAPERS. 33 1 

Q. The Dep* being asked how he knows it is Merrimack. 
A. That he has always heard it called So as well by English as Ind s 
for these thirty four years last past. — 
Aug 1 26 th 1737. John Comings. 

Benjamin Parker of Chelmsford in the County of Middlesex in 
the Province of the Massachusetts Bay Yeoman aged Sixty seven 
years. Sworne. — * 

To the I st Int. A. Merrimack River 

2 A. Merrimack River 

3 A Merrimack River 

4 A. Merrimack River 

5 A. Merrimack River 

6 A. Merrimack River 

7 A. Merrimack 

8 A. Merrimack 

9 A. Merrimack River. 

To y e 10 th A. That he has known it to be called So ever 

since he was Eight years old. 

11 — A. Yes, by Indians & English. 

Q. Whence do you take the beginning of the Eight years of age you 
g speak of, from your age as given in your Evidence the 23 d Instant, 

or from that given in your Evidence of this day. — 
A. From that given in my Evidence of this day. 
Q. How farr have you been up the Great River you Speak of. — 
A. About five miles above Pennicook. 

Q. Did you ever See the Crotch of the Great River you Speak of. 
A. No. — 

Aug 1 26. 1737. Benjamin parker 

John Longley of Groton in the County of Middx in y e Province of 
the Mass a Bay Yeoman aged ab* 55 years. Sworne. — 

To y e 1. Int. A. Merrimack. 

2 A. Merrimack 

3 A. That he do's not know, not hav§ obs d Souh n 

Riv r 
4 A. That he do's not know, not hav g obs d Piscat y 

Riv r 

5 A. Merrimack. 

6 A Merrimack. 

7 A. Merrimack. 



33 2 PROVINCE OF NEW HAMPSHIRE. 

8 A. Merrimack. 

9 A. Merrimack. 

10 A. Yes. 

1 1 A. That he never was acquainted with the River 

below Pantucket Falls, but always heard it 
was called Merrimack. — 
Aug 1 26 th 1737. — John Longley 

103 — The Viva Voce Evidence being thus closed The Com'ees of 
both Provinces were ord d to lay before the Comm rs All their Papers 
Evidences Deeds Ch'ers & Proofs relating to this Controversy that 
afternoon & the next morning 

And the Comm rs then Adjourned to the afternoon 
When they again met & the New Hampshire Com'ee Presented a 
Copy of a Report from the Gen 11 Court of that Province touching a 
Plan of Merrimack River ^suant to what was recommended by the 
Comm rs the clay before — But this Report is not entred among the 
Proceedings. 

[ Vote of N. H. Council about Plans, 1737.] 
[Mss. Prov. Boundaries, p. 132.] 

In Council Aug st 25, 1737 — 

Pursuant to the Recommendation of the Hon ble Court of Com- 
missi to agree upon a plan of the River Merrimack to be laid before 
them and having now before this Board a Plan of the River which 
runs from Winnipishoky Pond to the Atlantick sea presented by the 
Great & General Court of the Massachusets Bay to the General 
Assembly of New Hamp r to be agreed upon by the Said General 
Assembly of New Hampshire in order to be laid before the Honour- 
able Commissioners aforementioned Voted That the said plan be 
Accepted, & It is hereby ordered that the same be forthwith laid be- 
fore the said Honourable Commissioners to give them an Idea of the 
before mentioned River Riming from Winnipishoky pond aforesaid 
to the Atlantick Ocean before mentioned. 

Ordered To be sent down — for Concurrence 

Rich d Waldron Sec 1 * 

Eod m Die/ In the House of Representatives 

the above vote Read and Noncurr'd : and voted that the House 
adhears to their former votes of the 20 th Curr 1 — Relating to the 
Plans — James Jeffry Cle r Ass m 



BOUNDARY LINE PAPERS. 



333 



\N. H. Vote about Plans, 1737.] 
[Mss. Prov. Boundaries, p. 129.] 

Province of \ 
New Hampshire j In the House of Representativs 

Pursuant to the Recomendation of the Hon ble Court of Com- 
miss rs to agree upon a Plan with the Mass a 

Voted/ That the Annexed Plan, be presented to the S d Hon ble 
Court of Commiss rs to Give them an Idea of the Course of the 
Water from Winnipiseoke and Pimegewasick to where it Emptys it 
Selfe into the Atlantick Ocean — 

August 26 th 1737 James Jeffry Cle r Ass m 

Sent up for Concurrence 

In Council Eod m die 

Read and Concurred Rich d Waldron Sec ry 

Same day Consented to J Belcher 



[Masonian Papers, Vol. 4, p. 144.] 

Prov e of "I Hampton august 26 th 1737 
N Hamps r j Wee of the Comittee of Newhampshire for the 
affaire of the Dividing Lines between the Provinces — Object 
against the Whole Report of the Committee of the Mass a and the 
vote of the Gen 11 Court thereon Dated the 18 th Curr 1 

2 against the Severall Entries on the Draught of the words Mer- 
ry mack 

3 Against the Pretended Boundary at Endicots Tree So called as 
also the Black Rocks which is about a Mile to the Northward of the 
Middle of the Mouth of Merrymack River where it Emptys it Selfe 
into the Atlantick Ocean 

Sha d Walton 
Geo. Jaffrey 
Jotham Odiorne 
Theodore Atkinson 
And r Wiggin 
J Rindge 
Tho s Packer 
James Jeffry 



)- Comittee 



334 PROVIN'CE OF NEW HAMPSHIRE. 

The Massachusetts written Evidence 
7 Oct r 1 69 1 3 W m & M a Massachusetts Charter 

Then the Agents for the Massachusets Produced the [Originall 
Charter of William & Mary which was read & a Copy thereof is re- 
turned among the Proceedings of the Comm rs ffo : 104 to 145. 

[In place of the abstract here entered, this document is given in full 
from Masonian Papers, Vol. 4, p. 145.] 

The Charter Granted by Their Majesties King William and 
Queen Mary, &c. 

William and Mary, by the Grace of God, King & Queen of 
England, Scotland, France and Ireland, Defenders of the Faith, &c. 
To all to whom these Presents shall come, Greeting. Whereas his 
late Majesty King James the First, Our Royal Predecessor, by his 
Letters Patents under the Great Seal of England, bearing Date at 
Westminster the Third Day of November, in the Eighteenth Year of 
his Reign, did give and grant unto the Council Established at Ply- 
mouth in the County of Devon, for the Planting, Ruling, Ordering 
and Governing of New-England in America, and to their Successors 
and Assigns, all that part of America lying and being in breadth 
from Forty Degrees of Northerly Latitude from the Equinoctial 
Line to the Forty Eighth Degree of the said Northerly Latitude, 
inclusively, and in length of and within all the breadth aforesaid 
throughout all the Main Lands, from Sea to Sea, together also with 
all the Firm Lands, Soils, Grounds, Havens, Ports, Rivers, Waters, 
Fishings, Mines and Minerals, as well Royal Mines of Gold and Sil- 
ver, as other Mines and Minerals, Precious Stones, Quarries, and all 
and singular other Commodities, Jurisdictions, Royalties, Priviledges, 
Franchises and Preheminences, both within the said Tract of Land 
upon the Main, and also within the Islands and Seas adjoyning : 
Provided always that the said Lands, Islands, or any the Premises by 
the said Letters Patents intended or meant to be granted were not 
then actually possessed or inhabited by any other Christian Prince or 
State, or within the Bounds, Limits or Territories of the Southern 
Colony, then before granted by the said late King James the first, 
by divers of his Subjects in the South parts ; To have and to hold, 
possess and enjoy, all and singular the aforesaid Continent Lands, 
Territories, Islands, Hereditaments, and Precincts, Seas, Waters, 
Fishings, withal and all manner of their Commodities, Royalties, 
Liberties, Preheminences and Profits that should from thenceforth 
arise from thence, with all and singular their Appurtenances and 






BOUNDARY LINE PAPERS. 335 

every part and parcel thereof, unto the said Council, and their Suc- 
cessors and Assigns for ever, to the sole and proper Use and Benefit 
of the said Council and their Successors and Assigns for ever : To 
be holden of his said late Majesty King James the first, his Heirs and 
Successors, as of his Mannor of East Greenwich in the County of 
Kent, in Free and Common Sockage, and not in Capite, or by 
Knights Service : Yielding and Paying therefore to the said late 
King, his Heirs and Successors, the fifth part of the Oar of Gold 
and Silver, which should from time to time, and at all times then 
after happen to be found, gotten, had and obtained, in, at, or within 
any of the said Lands, Limits, Territories or Precincts, or in, or with- 
in any part or parcel thereof, for or in respect of all and all manner 
of Duties, Demands and Services whatsoever, to be done, made or 
paid to the said late King James the first, his Heirs and Successors (as 
in and by the said Letters Patents, amongst sundry other Clauses, Pow- 
ers, Priviledges and Grants therein contained, more at large appear- 
eth : ) and whereas the said Council Established at Plymouth in the 
County of Devon, for the Planting, Ruling, Ordering, and Governing 
of New England in America, did by their Deed indented under their 
Common Seal, bearing date the Nineteenth Day of March, in the 
Third Year of the Reign of Oar Royal Grand-father King Charles 
the First, of ever Blessed Memory, Give, Grant, Bargain, Sell, Infeoff, 
Alien and Confirm to Sir Henry Roswell, Sir John Voting, Knights, 
Thomas Southcott, John Humphreys, John Endicott, and Simon 
Whetcombe, their Heirs and Assigns, and their Associates, for ever, 
all that part of New-England in America aforesaid, which lyes and 
extends between a great River there, commonly called Monomack 
alias Merimack, and a certain other River there called Charles River y 
being in a bottom of a certain Bay there commonly called Massachu- 
setts ' 3 alias Mattachnsetts, alias Massatusetts-Bay, and also all and 
singular those Lands and Hereditaments whatsoever, lying within 
the space of three English Miles, on the South part of the said 
Charles River, or of any and every Part thereof ; and also all and 
singular the Lands and Hereditaments whatsoever, lying and being 
within the space of three English Miles to the Sothwarcl of the 
southermost part of the said Bay called the Massachusetts, alias. 
Mattachnsetts, alias Massatusetts Bay ; and also all those Lands and 
Hereditaments whatsoever which lye and be within the space of 
three English Miles to the Northward of the said River called Mano- 
mack, alias Merimack, or to the Northward of any and every part 
thereof, and all Lands and Hereditaments whatsoever lying within 
the Limits aforesaid North and South in Latitude, and in Breadth,, 
and in Length, and Longitude, of and within all the breadth afore- 



336 PROVINXE OF NEW HAMPSHIRE. 

said throughout the Main Lands there, from the Atlantick and West- 
ern Sea and Ocean on the East part to the South Sea on the West 
part, and all Lands and Grounds, Place and Places, Soil, Woods and 
Wood-grounds, Havens, Ports, Rivers, Waters, Fishing and Heredi- 
taments whatsoever, lying within the said bounds and limits, and 
every part and parcel thereof ; and also all Islands lying in America 
aforesaid, in the said Seas, or either of them on the Western or 
Eastern Coasts or parts of the said Tracts of Land, by the said In- 
denture mentioned to be given and granted, bargained, sold, enfeoffed, 
alien 'd and confirmed, or any of them ; and also all Mines and Minerals, 
as well Royal Mines of Gold and Silver as other Mines and Minerals 
whatsoever in the said Lands and Premises, or any part thereof, and 
all Jurisdictions, Rights, Royalties, Liberties, Freedoms, Immu- 
nities, Priviledges, Franchises, Preheminences and Commodities 
whatsoever, which they the said Council Established at PlymoutJi in 
the County of Devon, for the Planting, Ruling, Ordering and Gov- 
erning of New-England in America, then had, or might use, exercise 
or enjoy, in or within the said Lands & Premises, by the same In- 
denture mentioned to be given, granted bargained, sold, enfeoffed 
and confirmed in or within any part or parcel thereof : To have and 
to hold the said parts of Nczv-England in America, which lyes and 
extends, and is abutted as aforesaid, and every part and parcel there- 
of ; and all the said Islands, Rivers, Ports, Havens, Waters, Fish- 
ings, Mines, Minerals, Jurisdictions, Franchises, Royalties, Liber- 
ties, Priviledges, Commodities, Hereditaments and Premises whatso- 
ever, with the Appurtenances, unto the said Sir Henry Roszvcll, Sir 
JoJin Young, TJiomas Southcott, John HumpJireys, JoJin Endicott,?a\<\ 
Simond Whetcomb, their Heirs and Assigns, and their Associates for 
ever, to the only proper and absolute use and behoof of the said Sir 
Henry Roszvell, Sir Young, Thomas SoutJicott, John HiimpJircys, 
JoJin Endicott, and Simon WJictcombc, their Heirs and Assigns and 
their Associates for evermore : To be holden of our said Royal 
Grandfather King Charles the First, his Heirs and Successors, as of 
his Mann or of East Greenwich in the County of Kent, in free and 
common Sockage, and not in Capite nor by Nights Service, yielding 
and paying therefore unto Our said Royal Grandfather, his Heirs and 
Successors, the fifth part of the Oar of Gold and Silver which should 
from time to time, and at all times hereafter happen to be found, 
gotten, had and obtained in any of the said Lands within the said 
Limits, or in or within any part thereof, for and in satisfaction of all 
manner of Duties, Demands and Services whatsoever, to be done, 
made or paid to Our said Royal Grandfather, his Heirs or Successors 
(as in and by the said recited Indenture may more at large appear.) 



BOUNDARY LINE PAPERS. 337 

And Whereas Our said Royal Grandfather in and by his Letters Pat- 
ents under the Great Seal of England, bearing date at Westminster 
the fourth day of March, in the fourth Year of his Reign, for the 
Consideration therein mentioned, did- grant and confirm unto the 
said Sir Henry Roswell Sir John Young Thomas Sonthcott, John 
Humphreys, John Endicott and Symond Whetcombe, and to their As- 
sociates after named, viz. Sir Ralph Saltonstall Knight, Isaac Johnson, 
Samuel Aldersey, John Veil, Matthew Craddock, George Hanvood, 
Increase Nowell, Richard Perry, Richard Bellingham, Nathanael 
Wright, Samuel Vassall, Theophilus Eaton, Thomas Gojfe, Thomas 
Adams, John Brown, Samuel Brown, Thomas Hutchins, William 
Vassall, William Pincheon and George Foxcroft, their Heirs and 
Assigns, all the said part of New- England 'in America, lying and ex- 
tending between the Bounds and Limits in the said Indenture ex- 
pressed, and all Lands and Grounds, Place and Places, Soils, Woods 
and Wood grounds, Havens, Ports, Rivers, Waters, Mines, Minerals, 
Jurisdictions, Rights, Royalties, Liberties, Freedoms, Immunities, 
Priviledges, Franchises, Preheminences and Hereditaments whatso- 
ever; bargained, sold, enfeoffed and confirmed, or mentioned or in- 
tended to be given, granted, bargained, sold, enfeoffed, aliened 
and confirmed to them the said Sir Henry Roswell, Sir John Young, 
Thomas Southcott, John Humphreys, John Endicott and Symond 
Whetcombe, their Heirs and Assigns, and to their Associates for 
ever, by the said recited Indenture : To have and to hold the 
said part of New England in America, and other the Premises 
thereby mentioned to be granted and confirmed, and every part 
and parcel thereof, with the appurtenances, to the said Sir Henry 
Roszvell, Sir John Young, Sir Richard Saltonstall, TJwmas 
Southcott, John Humphreys, John Endicott, Symond Whetcombe, 
Isaac JoJinson, Samuel Aldcrsey, John Ven, Matthezv Craddock, 
George Harwood, Increase Nowell, Richard Perry, Richard Bel- 
HngJiam, Nathanael Wright, Samuel Vassal, Theophilus Eaton, 
Thomas Gojfe, Thomas Adams, John Brozvn, Samuel Brown, Tlwmas 
Hutchins, William Vassall, William Pincheon and George Foxcroft, 
their Heirs and Assigns for ever, to their own proper and absolute 
use and behoof for evermore ; To be holden of our said Royal Grand- 
father, his Heirs and Successors, as of his Mannor of East-Green- 
wich aforesaid, in free and common Sockage, and not m Capite nor 
by Knights Service ; and also yielding and paying therefore to Our 
said Royal Grandfather, his Heirs and Successors, the fifth part only 
of all the Oar of Gold and Silver which from time to time and at all 
times after should be there gotten, had or obtained, for all Services, 
Exactions and Demands whatsoever, according to the Tenor and Res- 



33^ PROVINCE OF NEW HAMPSHIRE. 

ervation in the said recited Indenture expressed. And further, Our 
said Royal Grandfather by the said Letters Patents did give and 
grant unto the said Sir Henry Roswell, Sir Jo Iin Young, Sir RicJiard 
Saltoustall, Thomas Southcott, John Humphreys, JoJin Endicot, Sy- 
mond WJietcomb, Isaac JoJinson, Samuel Aldersey, John Ven, Mat- 
thew Craddock, George Harwood, Increase Now ell, RicJiard Perry, 
Richar BcllingJiam, NatJianael Wright, Samuel Vassall, Theophilus 
Eaton, Thomas Goffe, Thomas Adams, John Brown, Sam l[ Brown, 
TJiomas HutcJiins, W m Vassall, William PincJieon and George Fox- 
croft, their Heirs and Assigns, all that said part of New England in 
America, which lyes and extends between a great River called Mono- 
mack, alias Merimack River, and a certain other River there called 
CJiarles River, being in the bottom of a certain Bay there commonly 
called Massachusetts, alias Mattachusetts, alias Massatusetts-Bay ; 
and also all and singular those Lands and Hereditaments whatsoever, 
lying within the space of three English Miles, on the South part of 
the said River called CJiarles River, or of any or every part thereof ; 
and also all and singular the Lands and Hereditaments whatsoever, 
lying and being within the space of three EnglisJi Miles to the South- 
ward of the southernmost part of the said Bay called MassacJiusetts, 
alias Mattachusetts, alias Massatusetts-Bay ; and also all those Lands 
and Hereditaments whatsoever which lye and be within the space of 
three EnglisJi Miles to the Northward of the said River called Mono- 
mack alias Merimack, or to the Northward of any and every part 
thereof, and all Lands and Hereditaments whatsoever lying within the 
Limits aforesaid, North and South in Latitude, and Breadth, and in 
length and Longitude, of and within all the breadth aforesaid through- 
out the Main Lands there, from the Atlantick or Western Sea and 
Ocean on the East part, to the South Sea on the West part ; and all 
Lands & Grounds, Place and Places, Soils, Woods and Wood-lands, 
Havens, Ports, Rivers, Waters and Hereditaments whatsoever, lying 
within the said Bounds and Limits, and every part and parcel thereof ; 
and also all Islands in America aforesaid, in the said Seas, or either of 
them on the Western or Eastern Coasts or Parts of the said Tracts 
of Lands, thereby mentioned to be given and granted, or any of 
them ; and all Mines and Minerals, as well Royal Mines of Gold and 
Silver as other Mines and Minerals whatsoever in the said Lands and 
Premises, or any part thereof ; and free Liberty of Fishing in or 
within any of the Rivers & Waters within the bounds and limits 
aforesaid, and the Seas thereunto adjoyning ; and all Fishes, Royal 
Fishes, Whales, Balene, Sturgeon, and other Fishes of what kind or 
Nature soever, that should at any time thereafter be taken in or 
within the said Seas or Waters, or any of them, by the said Sir Hen- 



BOUNDARY LINE PAPERS. 339 

ry Roswell, Sir John Young, Sir Richard Saltonstall, Thomas South- 
cott,John Humphreys ', John Endicott, Simond Whet come, Isaac John- 
son, Samuel Aldersey, Joint Ven, Matthew Craddock, George Harwood, 
Increase Now ell, Richard Perry, Richard Bellingham, Nathaniel 

Wright, Samuel Vassall, Theophilus Eaton, Thomas Goffe, Thomas 
Adams, John Brown, Samuel Brown, Thomas Hutchins, William 

Vassall, William Pincheon and George Foxcfoft, their Heirs or As- 
signs, or by any other Person or Persons whatsoever there inhabiting, 
by them or any of them to be appointed to Fish therein. Provided 
always, that if the said Lands, Islands, or any the Premises before 
mentioned, and by the said Letters Patents last mentioned, intended 
and meant to be granted, were at the time of the granting of the said 
former Letters Patents, Dated the third day of November, in the 
Eighteenth Year of the Reign of his late Majesty King James the 
First, actually possessed or inhabited by any other Christian Prince 
or State, or were within the Bounds, Limits or Territories of the said 
Southern Colony then before granted by the said King, to be Planted 
by divers of his loving Subjects in the South parts of America, That 
then the said Grant of Our said Royal Grandfather should not extend 
to any such parts or parcels thereof so formerly inhabited, or lying 
within the bounds of the Southern Plantation as aforesaid. But as 
to those Parts or Parcels so possessed or inhabited by any such Chris- 
tian Prince or State, or being within the boundaries aforesaid, should 
be utterly void : To have and to hold possess and enjoy the said parts 
of New-England 'in America which lye extend, and are abutted as afore- 
said, and every part and parcel thereof; and all the Islands, Rivers, 
Ports, Havens, Waters, Fishings, Fishes, Mines, Minerals Jurisdic- 
tions, Franchises, Royalties, Liberties, Priviledges, Commodities and 
Premises whatsoever, with the Appurtenances, unto the said Sir Henry 
Roszvell, Sir John Young, Sir Richard Saltonstall, Thomas Southcott, 
John Humphreys, John Eudfcott, Symond Whetcombe, Isaac Johnson, 
Samuel Aldersey,John Ven, Matthew Craddock, George Harwood, In- 
crease Nowell, Richard P erry , Richard BellingJiam, Nathanael Wright, 
Samuel Vassall, TJieopJiilus Eaton, Thomas Goffe, Thomas Adams, 
John Brown, Samuel Brown, Thomas Hutchins, William Vassall, Wil- 
liam PincJieon and George Foxcroft, their Heirs and Assigns, for ever : 
To the only proper and absolute use and behoof of the said Sir Henry 
Roszvell, Sir John Young, Sir Richard Saltonstall, Thomas South- 
cott, John Humphreys, Joint Endicott, Symond Whetcombe, Isaac John- 
son, Samuel Aldersey, John Ven, Matthew Craddock, George Harwood, 
Increase Nozvell, Richard Perry, Richard BellingJiam, Nathanael 
Wright, Samuel Vassall, Theophilus Eaton, Thomas Goffe, Thomas 
Adams, John Brown, Samuel Brown, Thomas Hutchins, William 



340 PROVINCE OF NEW HAMPSHIRE. 

Vassal!, William Pencheon and George Foxcrojt, their Heirs and 
Assigns for evermore : To be holden of Our said Royal Grand father, 
his Heirs and Successors, as of his Mannor of East Grceuzvich 
in the County of Kent, within the Realm of England, in free and 
common Sockage, and not in Capite nor by Knights Service : And 
also yielding and paying therefore to Our said Royal Grandfather, 
his Heirs and Successors, the fifth part only of all the Oar of 
Gold and Silver which from time to time and at all times thereafter, 
should be gotten, had and obtained for all Services, Exactions and 
Demands whatsoever. Provided always, and his Majesties express 
Will and meaning was, that only one fifth part of all the Gold and 
Silver Oar above mentioned in the whole, and no more should be an- 
swered, reserved & payable unto Our said Royal Grandfather, his 
Heirs and Successors, by Colour or Vertue of the said last mentioned 
Letters Patents, the double Reservations or Recitals aforesaid, or 
any thing therein contained notwithstanding. And to the end that 
the Affairs and Business which from time to time should happen and 
arise concerning the said Lands, and the Plantations of the same, 
might be the better Managed and Ordered, and for the good Govern- 
ment thereof, Our said Royal Grandfather King Charles the First, 
did by his said Letters Patents Create and make the said Sir Henry 
Roswell, Sir Jo Jin Young, Sir RicJiard Saltonstall, Thomas SoutJicott, 
John Humphreys, Joint Endicott, Symond Whetcombc, Isaac Johnson, 
Samuel Aldersey JoJin Ven, Matthew Craddock, George Hanvood, 
Increase Nowell, Richard Perry, Richard Bcllingham, NatJianacl 
Wright, Samuel Vassall, and TheopJiilus Eaton Thomas Goffe, Thom- 
as Adams, J0J111 Brown, Samuel Brozvn, Thomas Hutchins, William 
Vassall, William PincJieou and George Foxcroft, and all such others 
as should thereafter be admitted and made free of the Company and 
Society therein after mentioned, one Body Politique and Corporate 
in Fact and Name, by the Name of the Governour and Company of 
the Massachusetts-Bay in New-England, and did grant unto them 
and their Successors divers Powers, Liberties and Priviledges, as in 
and by the said Letters Patents may more fully and at large appear. 
And Whereas the said Governour and Company of the MassacJiusetts- 
Bay in New-England, by Vertue of the said Letters Patents did set- 
tle a Colony of the English in the said parts of America, and divers 
good Subjects of this Kingdom, incouraged and invited by the said 
Letters Patents, did Transport themselves and their Effects into the 
same, whereby the said Plantation did become very populous, and 
divers Counties, Towns and Places, were Created, Erected, made set 
forth, or designed within the said parts of America, by the said Gov- 
ernour and Company for the time being : And Whereas in the Term 



BOUNDARY LINE PAPERS. 341 

of the Holy Trinity, in the Thirty sixth Year of the Reign The first Char 
of our Dearest Unkle King Charles the Second, a Judg- ter vacated by a 
ment was given in Our Court of Chancery then sitting at ckaicTry? An- 
Westminster, upon a Writ of Scire facias, brought and no l684 
prosecuted in the said Court against the Governour and Company of 
the Massachusetts-Bay in New-England, that the said Letters Patents 
of Our said Royal Grand-father King Charles the First, bearing date 
at Westminster the 4th day of March, in the fourth Year of his 
Reign, made and granted to the said Governour and Company of the 
Massachusetts-Bay in New-England, and the Enrollment of the same, 
should be cancelled vacated and annihilated, and should be brought 
into the said Court to be cancelled, (as in and by the said Judgment 
remaining upon Record in the said Court doth more at large appear :) 
And whereas several Persons employed as Agents in behalf of Our 
said Colony of the Massachusetts-Bay in New- England, have made 
their humble Application unto us, That We would be graciously 
pleased by Our Royal Charter to Incorporate Our Sub- The A entg of 
jects in Our said Colony, and to grant and confirm unto that CoiSny p e . 
them such Powers, Priviledges and Franchizes as Our incorporated as 
Royal Wisdom should be thought most Conducing to forn:erlv - 
Our Interest and Service, and to the Welfare and happy State of 
Our Subjects in New-England: And We being graciously pleased to 
gratifie Our said Subjects ; and also to the end Our good Subjects 
within Our Colony of New-Plymouth in New-England aforesaid, may 
be brought under such a form of Government, as may put them in a 
better Condition of Defence, and considering as well the Granting 
unto them as unto Our Subjects in the said Colony of the Massachu- 
setts-Bay Our Royal Charter, with reasonable Powers and Priviledges, 
will much tend not only to the safety, but to the flourishing Estate 
of Our Subjects in the said parts of New-England^ and also to the 
advancing of the Ends for which the said Plantations were at first 
Encouraged ; Of Our Special Grace, certain Knowledge, and meer 
Motion, have Willed and Ordained, and We do by these presents for 
Us, Our Heirs and Successors Will and Ordain, That the Territories 
and Colonies commonly called or known by the Names of the Colony 
of the Massachtisetts-Bay, and Colony of New-Plymouth, the Province 
of Main, the Territory called Accada, or Nova Scotia ; and all that 
Tract of Land lying between the said Territories of Nova Scotia, 
and the said Province of Main, be erected, United and Incorporated : 
And We do by these presents Unite, Erect and Incor- The Massa _ 
porate the same into one Real Province by the Name of chusetu, pi y - 
Our Province of the Massachusetts-Bay 'in New-England ; See of Main, & 
and of Our Especial Grace, certain Knowledge, and meer Sd &*£££ 
Motion, We have given and granted, and by these Pres- one Province. 



342 PROVINCE OF NEW HAMPSHIRE. 

ents for Us, Our Heirs and Successors, do give and grant unto Our 
good Subjects, the Inhabitants of Our said Province or Territory of 
the Massachusetts-Bay, and their Successors, all that part of New- 
England in America, lying and extending from the great River com- 
The Extent mon b r ca ^ ec ^ Moiiomack, alias Mcrimack, on the North 
and Hounds of part, and from three Miles Northward of the said River 
to the Atlantick or Western Sea or Ocean on the South 
part, and all the Lands and Hereditaments whatsoever lying within 
the Limits aforesaid, and Extending as far as the outermost Points 
or Promontories of Land called Cape-Cod, and Cape Malabar North 
and South, and in Latitude, breadth, and in length and Longitude, 
of and within all the breadth and Compass aforesaid throughout the 
main Land there, from the said Atlantick or Western Sea, and Ocean 
on the East part towards the South Sea, or Westward as far as our 
Colonies of RJiode-Island, Connnecticut, and the Narragansett Coun- 
try : all also all that part or portion of main Land, beginning at the 
entrance of Piscataway Harbour, and so to pass up the same into the 
River of Newichwannock, and through the same into the furthest 
head thereof, and from thence North-westward, till one hundred and 
twenty miles be finished, and from Piscataway Harbour mouth afore- 
said Northeastward along the Sea Coast to Sagadohock, and from the 
period of one hundred and twenty miles aforesaid to cross over land 
to the one hundred and twenty miles before reckoned up into the 
land from Piscataway Harbour through Newichwannock River, and 
also the North half of the Isles & Shoals, together with the Isles of 
Capawock, and Nantuckett near Cape Cod aforesaid, and also Lands 
Hereditaments lying and being in the Country & Territory com- 
monly called Accada, or Nova Scotia, and all those Lands and Hered- 
itaments lying and extending between the said Country or Territory 
of Nova Scotia, and the said River of Sagadahock, or any part there- 
of ; and all Lands, Grounds, Places, Soyls, Woods and Wood-grounds, 
Havens, Ports, Rivers, Waters, and other Hereditaments and Prem- 
ises whatsoever lying within the said Bounds and Limits aforesaid, 
and every part and parcel thereof : And also all Islands and Islets 
lying within Ten Leagues directly opposite to the Main Land 
within the said Bounds : And all Mines and Minerals, 



All Mines & 
Minerals 
to the 
ant 
cessors 



rais granted as well Royal Mines of Gold and Silver, as other Mines 
& their Sue- and Minerals whatsoever in the said Lands and Prem- 
ises, or any part thereof. To have and to hold, the 
said, Territories, Tracts, Countreys, Lands, Hereditaments, and all 
and singular other the Premises, with their and every of their 
Appurtenants to our said Subjects the Inhabitants of our said 
Province of the Massachusetts-Bay in New-England, and their Sue- 



BOUNDARY LINE PAPERS. 343 

cessors to their only proper Use and Behoof for evermore, To be 
holden of Us, our Heirs and Successors, as of our Mannor of East- 
Greenzvich, in the County of Kent, by Fealty only in free and com- 
mon Sockage : Yielding and paying therefore yearly to Savin 
Us, our Heirs and Successors, the Fifth part of all Gold fifth of Gold & 
and Silver Oar, and Precious Stones which shall from lver ar ' & ' c ' 
time to time, and at all times hereafter, happen to be found, gotten 
had and obtained in any of the said Lands and Premises, or within 
any part thereof : Provided nevertheless, and we do for Us, our 
Heirs and Successors grant and ordain, that all and every such Land, 
Tenements and Hereditaments, and all other Estates, A11 T 

1 ' All Lands, 

which any Person or Persons, or Bodies Politick, or Cor- Hereditaments, 
porate, Towns, Villages, Colleges or Schools, do hold and granted 1 " to^Ly 
enjoy or ought to hold and enjoy, within the Bounds o? wn s'chSi leg o e £ 
aforesaid, by or under any Grant or Estate duely made or fl r e ^ ing ' con_ 
granted by any General Court formerly held or by virtue 
of the Letters Patents herein before recited, or by any other Lawful 
Right or Title whatsoever, shall be by such Person and Persons, 
Bodies Politick and Corporate, Towns, Villages, Colleges, or Schools, 
their respective Heirs, Successors and Assigns for ever, hereafter 
held and enjoyed, according to the purport and intent of such respect- 
ive Grant, under and subject nevertheless to the Rents and Services 
thereby reserved or made payable, any matter or thing whatsoever to 
the contrary notwithstanding. And provided also, That c . 

1 • 1 ■ -iin 1 t i i Saving for 

nothing herein contained shall extend, or be understood Samuel Alien 
or taken, to impeach or prejudice any Right Title, Inter- 
est or Demand, which Samuel Allen of London, Merchant claiming 
from and under John Mason, Esq ; deceased, or any other Person or 
Persons, hath or have, or claimeth to have, hold or enjoy, of, into, or 
out of any part or parts of the Premises scituate within the Limits 
above mentioned : But that the said Samitel Allen, and all and every 
such person and persons, may and shall have, hold and enjoy the 
same in such manner (and no other than) as if these Presents had not 
been or made. It being our further Will and Pleasure, Grants or Con 
That no Grants or Conveyances of any Lands, Tene- veyances not 
ments or Hereditaments to any Towns, Colleges, Schools wait of Form. r 
of Learning, or to any private Person or Persons, shall 
be judged or taken, to be avoided or prejudiced, for, or by reason of 
any want or defect of Form, but that the same stand and remain in 
force, and be maintained adjudged, and have effect in the Same man- 
ner as the same should or ought before the time of the said recited 
Judgment, according to the Laws and Rules then and there usually 
practised and allowed. And we do further, for Us, Our Heirs and 



344 PROVINCE OF NEW HAMPSHIRE. 

n Successors, Will, Establish and Ordain, That from hence- 

Lieut. Govern- forth for ever there shall be One Governour ; One Lieu- 
tenant, or Deputy-Governour ; and One Secretary of Our 
said Province or Territory, to be from time to time Appointed and 
Commissionated by Us, Our Heirs and Successors ; and Eight and 

_.. , , Twenty Assistants, or Councellors, to be advising and 

Light and , J 7 ' © 

Twenty Coun- assisting to the Governour of Our said Province or Terri- 
tory for the time being, as by these Presents is hereafter 
directed and appointed : Which said Councellors or Assistants are to 
be constituted, elected and chosen in such form and manner as here- 
after in these Presents is expressed. And for the better Execution 
of Our Royal Pleasure and Grant in this behalf, We do by these 
Presents, for Us, Our Heirs and Successors, Nominate, Ordain, 
Make and Constitute Our Trusty and Well-beloved Simon Broad- 

The Names of s ^ ree ^ J°' in RicJiards, NatJianael Saltonstall, Wait Win- 
the First Coun- tJirop, JoJin Phillips ■, James Russel, Samuel Seivall, Sam- 
ams. rs ' " uel Applcton, BartJwlomeiv Gedney, Jolin HatJiorn, ElisJia 

Hutchinson, Robert Pike, Jonathan Corzvin,JoJin Jolliffe y 
Adam Winthrop, RicJiard Middlecot, Jo Jin Foster, Peter Serjeant, 
Joseph Lynd, Samuel Hey man, Stephen Mason, Thomas H ink ley y 

William Bradford, Jo Jin Walley, Barnabas LotJirop,Job A loot, Sam- 
uel Daniel, and Sihanus Davis, Esqrs ; the first and present Councel- 

^ f . lors or Assistants of Our said Province ; to continue in 

lo cont inue t » 

until May, 1693 their said respective Offices or Trusts of Councellors or 
are chosen b" Assistants until the Last Wednesday in May, which shall 
the Assembly. be in the Year f Qur Lord 1 693. and until other Coun- 
cellors or Assistants shall be Chosen and Appointed in their stead, 
in such manner as in these Presents is expressed. And we do fur- 
ther by these Presents Constitute and Appoint Our Trusty and Well 
Secretar beloved Isaac Addiiigtoii Esq ; to be Our first and present 

Secretary of Our said Province, during Our Pleasure. 
And Our Will and Pleasure is, That the Governour of Our said Prov- 
ince from the time being, shall have Authority, from time to time, at 
his Discretion, to Assemble and Call together the Councellors or 
Assistants of Our said Province for the time being : And that the 
said Governour, with the said Assistants or Councellors 

I lie Oovern- 

our with seven or Seven of them at the least, shall and may from time 
a Grand!. ° e to time hold and keep a Council for the ordering and 
directing the Affairs of Our said Province. And further, 
We Will, and by these Presents for Us, Our Heirs and Successors, 
do Ordain and Grant, that there shall and may be Convened, Held 
a General anc ^ ^ e P t by the Governour for the time being, upon 
Court or Assem- every last Wednesday in the Month of May, every Year, 

bly to be Held £ 7 J j. 11 i_ *i_ «.■ 4.1. /- C 

the Last wednes- for ever, and at all such other times as the Governour or 
offeVe'r ^r°y 0lir said Province shall think fit and appoint, a Great 
Year: and General Court of Assembly; which said Great and 



BOUNDARY LINE PAPERS. 345 

General Court of Assembly shall consist of the Governour and Coun- 
cil or Assistants for the time being ; and of such Free-holders of Our 
said Province or Territory, as shall be from time to time Elected or 
Deputed by the major part of the Freeholders, and other Inhabitants 
of the respective Towns or Places who shall be present at such Elec- 
tions ; each of the said Towns and Places being hereby impowred to 
Elect and Depute Two Persons and no more to serve for TwoAseernb] . 
and represent them respectively in the said Great and Men to be chos- 
General Court or Assembly. To which Great and Gen- holders in eve?y 
eral Court or Assembly to be held as aforesaid, We do Town ' 
hereby, for Us, Our Heirs and Successors, Give and Grant full Power 
and Authority from time to time to direct, appoint and declare what 
number each County, Town and Place shall Elect and Depute to 
serve for, and represent them respectively in the said Great and Gen- 
eral Court or Assembly. Provided always, That no Free holder, or 
other person, shall have a Vote in the Election of Members to Serve 
in any Great and General Court or Assembly to be held as aforesaid, 
who at the time of such Election shall not have an Estate of Free- 
hold in Land within Our said Province or Territory, to the Value of 
Forty Shillings, per Annum at the least ; or other Estate to the Value 
of Forty Pounds Sterling : And that every Person who shall be so 
Elected, shall, before he Sit or Act in the said Great and General 
Court or assembly, take the Oaths mentioned in an Act of Parlia- 
ment made in the First Year of Our Reign, Entituled, An Act for 
Abrogating of the Oaths of Allegiance and Supremacy, and appointing 
other Oaths, and thereby appointed to be taken instead of the Oaths 
of Allegiance and Supremacy : And shall make, repeat and subscribe 
the Declaration mentioned in the said Act, before the Governour, & 
Lieutenant or Deputy Governour, or any Two of the Assistants for 
the time being, who shall be thereunto Authorized and Appointed by 
Our said Governour. And that the Governour for the time being 
shall have full Power and Authority from time to time, „,, n 

• • -n Oovern- 

aS he shall judge necessary, to Adjourn, Prorogue and our has Power to 

Dissolve all Great and General Courts or Assemblies met rogue rn a nd d°s- 
and conven'd as aforesaid. And Our Will and Pleasure j^theAssem- 
is, and we do hereby, for Us, Our Heirs and Successors, 
Grant, Establish and Ordain, That yearly, once in every Year for 
ever hereafter, the aforesaid Number of Eight and twenty Counci- 
lors or Assistants shall be by the General Court or Assembly newly 
Chosen ; That is to say, Eighteen at least of the Inhabitants of, or 
Proprietors of Lands within the Territory formerly called the Colony 
of the Massachusetts-Bay ; and Four at the least of the Inhabitants 
of, or Proprietors of Lands within the Territory formerly called New- 

23 



346 PROVINCE OF NEW HAMPSHIRE. 

Plymouth ; and Three at the least of the Inhabitants of, or Proprie- 
The Govern tors °^ Land within the Territory formerly called the 
ours Councilors Province of Maine ; and One at the least of the Inhabit- 
0° b proprietor a s n of ants of, or Proprietors of Land within the Territory lying 
England. New ~ between the River of Sadagahock and Nova Scotia. And 
that the said Councellors or Assistants or any of them, 
shall or may at any time hereafter be removed or displaced from their 
respective Places or Trust of Councellors or Assistants by any Great 
or General Court or Assembly ; and that if any of the said Councel- 
lors or Assistants shall happen to Dye, or be removed, as aforesaid, 
before the General Day of Election, that then, and in every such 
Case, the Great and General Court or Assembly, at their first sitting 
may proceed to a New Election of one or more Councellors or Assist- 
ants, in the room or place of such Councellors or Assistants so dying 
or removed. And we do further Grant and Ordain, That it shall and 
may be lawful for the said Governour, with the Advice and Consent 
c . of the Council or Assistants, from time to time, to nomi- 

Judges, Sher- „ 7 .. _ ~ ' , _ 

iffs. justices, <5^, nate and appoint Judges, Commissioners of Oyer and Ter- 
withVeKsent miner, Sheriffs, Provosts, Marshals, Justices of the Peace, 
ours^councT™' an d other Officers, to Our Council and Courts of Justice 
belonging. Provided always, that no such Nomination 
or Appointment of Officers be made without Notice first given, or 
Summons issued out Seven Days before such Nomination or Appoint- 
ment, unto such of the said Councellors or Assistants as shall be at 
that time residing within Our said Province. And Our Will and 
Pleasure is, That the Governour, and Lieutenant or Deputy-Govern- 
our and Councellors or Assistants for the time being, and all other 
Officers to be Appointed or Chosen, as aforesaid, shall, before the 
undertaking the Execution of their Offices and Places respectively, 
take their several and respective Oaths for the due and faithful per- 
formance of their Duties in their several and respective Offices and 
~ „. Places ; and also the Oaths appointed by the said Act of 

W hat Oaths . ' . r I J 

are to be Taken Parliament made in the First Year or Our Reign, to be 
taken instead of the Oaths of Allegiance and Supremacy ; 
and shall make, repeat and subscribe the Declaration mentioned in 
the said Act, before such Person or Persons as are by these Presents 
herein after appointed : (That is to say,) The Governour of Our said 
Province or Territory, for the time being, shall take the said Oaths, 
and make, repeat and subscribe the said Decleration before the Lieu- 
tenant or Deputy-Governour ; or, in his Absence, before any two or 
more of the said Persons hereby nominated and appointed the pres- 
ent Councellors or Assistants of Our said Province or Territory, to 
whom We do by these Presents give full Power and Authority to 



BOUNDARY LINE PAPERS. 



347 



give and administer the same to Our said Governour accordingly. And 
after Our said Governour shall be Sworn, and shall have subscribed 
the said Declaration, that then Our Lieutenant or Deputy-Governour 
for the time being, and the Councellors or Assistants before by these 
Presents nominated and appointed, shall take the said Oaths, and 
make repeat and subscribe the said Declaration before Our said Gov- 
ernour : And that every such person or persons as shall (at any time 
of the Annual Elections, or otherwise upon Death or Removal) be 
appointed to be the New Councellors or Assistants, and all other 
Officers to be hereafter Chosen from time to time, shall take the 
Oaths to their respective Offices and Places belonging ; and also the 
said Oaths appointed by the said Act of Parliament, to be taken in- 
stead of the Oaths of Allegiance and Supremacy ; and shall make, 
repeat and subscribe the Declaration mentioned in the said Act, be- 
fore the Governour or Lieutenant or Deputy-Governour, or any Two 
or more Councellors or Assistants ; or such other Person or Persons 
as shall be appointed thereunto by the Governour for the time being : 
To whom we do therefore by these Presents give full Power and Au- 
thority from time to time, to give and administer the same respect- 
ively, according to Our true meaning herein before declared, without 
any Commission or further Warrant, to be had and obtained from 
Us, Our Heirs and Successors in that behalf. And Our Will and 
Pleasure is, and We do hereby Require and Command, That all and 
every person and persons hereafter by Us, Our Heirs The KIn 
and Successors, Nominated and Appointed to the respect- serves to Himself 
ive Offices of Governour, or Lieutenant or Deputy Gov- the We Governour* 
ernour, and Secretary of Our said Province or Territory ^wnd G secr£ 
(which said Governour, or Lieutenant, or Deputy Gov- tar y- 
ernour, and Secretary of Our said Province or Territory for the 
time being, We do hereby Reserve full Power and Authority to 
Us, Our Heirs and Successors, to Nominate and Appoint ac- 
cordingly) shall before he or they be admitted to the Execution 
of their respective Offices, take as well the Oath for the due and 
faithful Performance of the said Offices respectively, as also the 
Oaths appointed by the said Act of Parliament, made in the said 
First Year of Our Reign, to be taken instead of the said Oaths of 
Allegiance and Supremacy ; and shall also make, repeat and sub- 
scribe the Declaration appointed by the said Act in such Manner, 
and before such Persons as aforesaid. And further Our 
Will and Pleasure is, and We do hereby for Us, Our 
Heirs and Successors, Grant, Establish and Ordain, That 
all and every of the Subjects of Us, Our Heirs and Suc- 
cessors, which shall go to and inhabit within Our said 
Province and Territory, and every of their Children which shall hap 



Persons Born 
\x\New-England 
to have the Priv- 
ileges of Natural 
Subjects of Eng- 
land. 



34$ PROVIJCCE OF NEW HAMPSHIRE. 

pen to be Born there, or on the Seas in going thither, or returning 
from thence, shall have and enjoy, all Liberties and Immunities of 
Free and Natural Subjects within any of the Dominions of Us, Our 
Heirs and Successors, to all intents constructions and purposes what- 
soever, as if they and every of them were Born within this Our Realm 

Liberty of oi England. And for the greater Ease and Encourage- 
consdence to be ment of Our Loving Subjects inhabiting Our Said Prov- 
christians except ince or Territory of the MassacJiusetts-Bay, and of such 
Papists. ag ghaij come to inhabit there, We do by these Presents, 

for Us, Our Heirs and Successors, Grant, Establish and Ordain, that 
for ever hereafter there shall be a Liberty of Conscience allowed in 
the Worship of God to ail Christians (except Papists) inhabiting or 
which shall inhabit or be resident within Our said Province or Terri- 
tory. And We do hereby Grant and Ordain, That the Governour, 
or Lieutenant, or Deputy Governour of Our said Province or Terri- 
tory, for the time being, or either of them, or any Two or more of 
the Council or Assistants for the time being, as shall be thereunto 
appointed by the said Governour, shall and may at all times, and 
from time to time hereafter, have full Power and Authority to admin- 
ister and give the Oaths appointed by the said Act of Parliament, 
made in the First Year of Our Reign, to be taken instead of the 
Oaths of Allegiance and Supremacy, to all and every person and per- 
sons which are now inhabiting or residing within Our said Province 
or Territory, or which shall at any time or times here after go or pass 
thither. And We do of Our further Grace, certain Knowledge and 
meer Motion, Grant, Establish and Ordain, for Us, Our Heirs and 
Successors, that the Great and General Court or Assembly of Our 
said Province or Territory for the time being, Convened as aforesaid, 

The General sna u for ever have full Power and Authority to Erect and 
Court has Power Constitute Judicatories and Courts of Record, or other 
toriesTt? Hear C & Courts, to be held in the Name of Us, Our Heirs and Suc- 
MrS^aU man- cessors ; for the Hearing, Trying and Determining of all 
ner of Crimes, manner of Crimes, Offences, Pleas, Processes, Plaints, Ac- 

Capital or not » '_,.'. ' . . ' 

Capital; and tions, Matters, Causes and Things whatsoever, arising or 
r2 Personal happening within Our said Province or Territory ; or be- 
or Mixt. tween persons inhabiting or residing there ; whether the 

same be Criminal or Civil, and whether the said Crimes be Capital or 
not Capital, and whether the said Pleas be Real, Personal or Mixt ; 
and for the Awarding and making out of Execution thereupon : To 
which Courts and Judicatories, We do hereby, for Us, Our Heirs and 
Successors, Give and Grant full Power and Authority, from time to 
time to administer Oaths for the better discovery of Truth in any 
matter in Controversie, or depending before them. And We do for 



BOUNDARY LINE PAPERS. 349 

Us, Our Heirs and Successors, Grant, Establish and Ordain, that the 
Governour of Our said Province or Territory for the time being, with 
the Council or Assistants, may do, execute or perform all that is 
necessary for the Probate of Wills, and granting of Administrations 
for touching or concerning any Interest or Estate which Probate of 
any person or persons shall have within Our said Province wais, and grant- 
or Territory : And whereas We judge it necessary, that Sons. 
all Our Subjects should have liberty to Appeal to Us, 
Our Heirs and Successors, in Cases that may deserve the same, We 
do by these Presents Ordain, That in case either Party shall not rest 
satisfied with the Judgment or Sentence of any Judicatories or Courts 
within Our said Province or Territory in any Personal A eals to the 
Action, wherein the Matter in Difference doth Exceed King in some 
the Value of Three Hundred Pounds Sterling, that then 
he or they may Appeal to Us, Our Heirs and Successors, in Our or 
Their Privy Council. Provided, such Appeal be made within Four- 
teen Days after the Sentence or Judgment given ; and that before 
such Appeal be allowed, Security be given by the party or parties 
Appealing, in the Value of the Matter in Difference, to Pay or An- 
swer the Debt or Damages for the which Judgment or Sentence is 
given, with such Costs and Damages as shall be Awarded by Us, Our 
Heirs or Successors, in case the Judgment or Sentence be Affirmed : 
And Provided also. That no Execution shall be staid or „ 

-i-i r o a TT^-r-r- Execution not 

suspended, by reason of Such Appeal unto Us, Our Heirs to be staid, 
and Successors, in Our or Their Privy Council ; so as 
the party Sueing or Taking out Execution, do in the like manner 
give Security to the Value of the Matter in Difference, to make Res- 
titution in case the said Judgment or Sentence be Reversed or An- 
nulled upon the said Appeal. And We do further, for Us, Our Heirs 
and Successors, Give and Grant to the said Governour, and the Great 
and General Court or Assembly of Our said Province or Territory, 
for the time being, full Power and Authority, from time to time, to 
Make, Ordain and Establish all manner of Wholsome and The General 
Reasonable Orders, Laws, Statutes and Ordinances, Di- court has Power 
rections and Instructions, either with Penalties or without not Re a P ugnan7to 
(so as the same be not Repugnant or Contrary to the w. awsofi? ^" 
Laws of this Our Realm of England) as they shall judge 
to be for the Good and Welfare of Our said Province or Territory, 
and for the Government and Ordering thereof, and of the People in- 
habiting, or who shall inhabit the same ; and for the necessary Sup- 
port and Defence of the Government thereof. And We do for Us, 
Our Heirs and . Successors, Give and Grant, that the said General 
Court or Assembly, shall have full Power and Authority, to Name 
and Settle Annually all Civil Officers within the said Province, such 



350 PROVINCE OF NEW HAMPSHIRE. 

To Name & Officers excepted, the Election and Constitution of whom 
settle civil offi- We have by these Presents Reserved to Us, Our Heirs 
and Successors, or to the Governour of Our said Province 
for the Time being ; and to set forth the several Duties, Powers and 
Limits of every such Officer to be appointed by the said General 
Court or Assembly ; and the Forms of such Oaths not Repugnant to 
the Laws and Statutes of this Our Realm of England, as shall be 
respectively administred unto them for the Execution of their several 

„ . . Offices and Places ; and also to impose Fines, Mulcts, 

Power to lm- . ■ ' . I ' . » 

pose Taxes on Imprisonments, and other Punishments ; and to impose 
Lts, e to be'dis" and levy Proportionable and Reasonable Assessments, 
rTnt d from W the Rates and Taxes, upon the Estates and Persons of all 
Governour and anQ i ever y the Proprietors and Inhabitants of Our said 

Council, accord- ■> _ . x . it 

ing to such Acts Province or Territory, to be issued and disposed of by 
?n Force. e e Warrant under the Hand of the Governour of Our said 

Province for the time being, with the Advice and Con- 
sent of the Council, for our Service in the necessary Defence and 
Support of Our Government of Our said Province or Territory, and 
the Protection and Preservation of the Inhabitants there, according 
to such Axts as are or shall be in Force within Our said Province ; 
and to dispose of Matters and Things whereby Our Subjects, Inhab- 
itants of Our said Province may be Religiously, Peaceably and Civilly 
Governed, Protected and Defended ; so as their good Life and orderly 
Conversation may win the Indians, Natives of the Country, to the 

Knowledge and Obedience of the only True God and Sa- 

The Conver- . r ?*■ 1 • 1 -11 *~+i ■ • i-» • 1 1 • 1 tt« 

sion of the indi- viour of Mankind, and the Christian faith, which His 
a^tobeendeav- Rq ^ 1 Ma j esty 0ur R yal Grandfather King Charles the 
First, in His said Letters Patents declared was His Royal 
Intentions and the Adventurers free Profession to be the Principle 
End of the said Plantation. And for the better Securing and Main- 
taining Liberty of Conscience hereby Granted to all persons, at any 
time being and residing within Our said Province or Territory as 
aforesaid, Willing, Commanding and Requiring, and by these Pres- 
ents for Us, Our Heirs and Successors, Ordaining and Appointing 
that all Such Orders, Laws, Statutes and Ordinances, Instructions 
and Directions as shall be so Made and Published under Our Seal of 
Our said Province or Territory, shall be carefully and duely Observed, 
Kept and Performed, and put in Execution according to the true In- 
tent and Meaning of these Presents. Provided always, And We do 
^ u „ by these Presents, for Us, Our Heirs and Successors, 

The Govern- J ' ' ' 

our to have a Establish and Ordain, that in the Framing and Passing 

AcTonheVen^ of all such Orders, Laws, Statutes and Ordinances, and 

gai Assembly, j n a jj Elections and Acts of Government whatsoever, to 

be Passed, Made or Done by the said General Court or 



BOUNDARY LINE PAPERS. 35 1 

Assembly, or in Council, the Governour of Our said Province or Ter- 
ritory of the Massachusetts-Bay in New-England for the time being, 
shall have the Negative Voice ; and that without his consent or Ap- 
probation signified and declared in Writing, no such Orders, Laws, 
Statutes, Ordinances, Elections, or other Acts of Government what- 
soever, so to be Made, Passed or Done by the said General Assembly 
or in Council, shall be of any Force, Effect or Validity ; Any thing 
herein contained to the contrary in any wise notwithstanding. And 
We do for Us, Our Heirs and Successors, Establish and Laws to be 
Ordain, that the said Orders, Laws, Statutes and Ordi- sent to England 
nances, be by the first opportunity after the making Approbation 7\i 
thereof, sent or transmitted unto Us, Our Heirs and Sue- within Dls Th7le 
cessors, under the Publick Seal, to be appointed bv Us, ^ ears » *° .. b V n 

/~\ - i • t-\ • ii a Force until Re- 

for Our or Their Approbation or Disallowance. And peaiedbytheAs- 
that in case all or any of them shall at any time within sem y ' 
the space of Three Years, next after the same shall have been Pre- 
sented to Us, Our Heirs and Successors, in Our or Their Privy 
Council, be Disallowed and Rejected, and so signified by Us, Our 
Heirs and Successors, under Our or Their Sign Manual and Signet ; 
or by Order in Our or Their Privy Council, unto the Governour for 
the time being, then such and so many of them as shall be so Disal- 
lowed and Rejected, shall thenceforth Cease and Determine, and be- 
come utterly Void and of none Effect. Provided always, That in 
case, We, Our Heirs or Successors, shall not within the term of 
Three Years after the Presenting of such Orders, Laws, Statutes or 
Ordinances as aforesaid, signifie Our or Their Disallowance of 
the same, then the said Orders, Laws, Statutes or Ordinances, 
shall be and Continue in full Force and Effect, according to the 
true Intent and Meaning of the same, until the Expiration there- 
of, or that the same shall be Repealed, by the General Assem- 
bly of Our said Province for the time being. Provided also, That it 
shall and may be Lawful for the said Governour and General Assem- 
bly, to Make or Pass any Grant of Lands lying within the Bounds of 
the Colonies formerly called the Colonies of the Massachusetts-Bay, 
and New-Plymouth, and Province of Maine, in such man- The General 
ner as heretofore they might have done by Virtue of any Court has Power 
former Charter or Letters Patents ; which Grants of Grants**? Land 
Lands within the Bounds aforesaid, We do hereby Will pj^Zttofthe 
and Ordain to be and continue for ever of full Force and ^°y nce of 
Effect, without Our further Approbation or Consent. 
And so as nevertheless, and it is Our Royal Will and Pleasure, that 
no Grant or Grants of any Lands lying or extending from the River 



352 PROVINCE OF NEW HAMPSHIRE. 

Grants of Land °f Sagadahock to the Gulph of St Laurence and Canada 
between Saga- Rivers, and to the Main Sea Northward and Eastward, 
LaiUence to to be made or past by the Governour and General As- 
App e robado!f° yal sembly of Our said Province, be of any force, validity or 
effect, until We, Our Heirs and Successors, shall have 
signified Our or Their Approbation of the same. And we do by 
these Presents for Us, Our Heirs and Successors, Grant, Establish 

The Govern- an d Ordain, that the Governour of Our said Province or 
our to Command Territory, for the time being, shall have full Power by 
himself, or by any Chief Commander, or other Officer or 
Officers, to be appointed by him from time to time, to Train, Instruct, 
Exercise and Govern the Militia there ; and for the special Defence 
and Safety of Our said Province or Territory, to Assemble in Martial 
Array, and put in Warlike Posture the Inhabitants of Our said Prov- 
ince or Territory, and to Lead and Conduct them, and with them to 
Encounter, Expulse, Repel, Resist and Pursue by Force of Arms, as 
well by Sea as by Land, within or without the Limits of Our said 
Province or Territory, and also to kill, slay, destroy and conquer, by 
all fitting ways, enterprizes and means whatsoever, all and every such 
person and persons as shall at any time hereafter attempt or enter- 
prize the destruction, invasion, detriment or annoyance of Our said 
Province or Territory ; and to use and exercise the Law Martial in 
time of actual War, Invasion or Rebellion, as occasion shall necessa- 
rily require ; and also from time to time to Erect Forts, and to For- 
tifie any Place or Places within Our said Province or Territory, and 
the same to furnish with all necessary Ammunition, Provision and 
Stores of War, for offence or defence, and to commit from time to 
time, the Custody and Government of the same, to such person or 
persons as to him shall seem meet ; and the said Forts and Fortifica- 
tions to demolish at his pleasure, and to take and surprize by all ways 
and means whatsoever, all and every such person or persons with 
their Ships, Arms, Ammunition, and other Goods, as shall in a Hos- 
tile manner Invade, or attempt the Invading, Conquering or Annoy- 
ing of Our said Province or Territory. Provided always^ and We do 
by these Presents, for Us, Our Heirs and Successors, Grants, Estab- 

XT D , lish and Ordain, That the said Governour shall not at any 

Jno Persons to . ' J 

be Transported time hereafter, by Virtue of any Power hereby granted, 
?nce° without or hereafter to be granted to him, Transport any of the 
sem. own Con " Inhabitants of Our said Province or Territory, or oblige 
them to March out of the Limits of the same without 
their free and voluntary Consent, or the Consent of the Great and 
General Court or Assembly of Our said Province or Territory ; nor 
grant Commissions for Exercising the Law Martial upon any the In- 



BOUNDARY LINE PAPERS. 



353 



In the absence 
of the Govern - 
our, the Deputy 
Govern our to 
have the same 
Power. 



habitants of Our said Province or Territory, without the Advice and 
Consent of the Council or Assistants of the same. Pro- TheLawMar . 
vided in like manner, and We do by these Presents, for tiai not to be ex- 
Us, Our Heirs and Successors, Constitute and Ordain, inhabitant 1 W ?S 
That when and as often as the Governour of Our said SaSccSSS"* 
Province for the time being, shall happen to dye, or be 
displaced by Us, Our Heirs or Successors, or be absent from his 
Government ; that then and in any of the said Cases, the Lieutenant 
or Deputy Governour of Our said Province, for the time being, shall 
have full Power and Authority, to do and execute all and every such 
acts, matters and things, which Our Governour of Our said Province, 
for the time being, might or could by Virtue of these Our Letters 
Patents lawfully do or execute, if he were personally present, until the 
return of the Governour so absent, or Arrival or Consti- 
tution of such other Governour as shall or may be ap- 
pointed by Us, Our Heirs or Successors in his stead 
And that when and as often as the Governour, and Lieu 
tenant or Deputy Governour of Our said Province or Ter- 
ritory, for the time being, shall happen to dye, or be displaced by Us, 
Our Heirs or Successors, or be absent from Our said Province ; and 
that there shall be no person within the said Province, Commission- 
ated by Us, Our Heirs or Successors to be Governour within the 
same ; then and in every of the said Cases, the Council 
or Assistants of Our said Province shall have full Power 
and Authority, and We do hereby give and grant unto 
the said Council or Assistants of our said Province, for 
the time being, or the major part of them, full Power and 
Authority to do and execute all and every such acts, matters and 
things which the said Governour, or Lieutenant or Deputy Govern- 
our of Our said Province or Territory, for the time being, might or 
could lawfully do or exercise, if they or either of them were person- 
ally present, until the return of the Governour, or Lieutenant or 
Deputy Governour so absent, or Arrival or Constitution of such other 
Governour, or Lieutenant or Deputy Governour, as shall and may be 
appointed by Us, Our Heirs or Successors from time to time. Pro- 
vided always^ and it is hereby Declared, that nothing herein shall 
extend or be taken to erect, or grant, or allow the exercise of any 
Admiral Court, Jurisdiction, Power or Authority, but that Admiralt Ju _ 
the same shall be, and is hereby reserved to Us and Our risdktion re- 
Successors, and shall from time to time be erected, grant- serve * 
ed and exercised by Virtue of Commissions to be issued under the 
Great Seal of England, or under the Seal of the High Admiral, or 
the Commissioners for Executing the Office of High Admiral of 



In the absence 
of both the Gov- 
ernour & Deputy 
Governour, the 
major part of the 
Council to have 
their Power. 



354 PROVINCE OF NEW HAMPSHIRE. 

England. And further, Our express Will and Pleasure is, and We 

do by these Presents, for Us, Our Heirs and Successors, Ordain 

and Appoint that these Our Letters Patents shall not in any manner 

„, „ . . Enure, or be taken to abridge, barr or hinder any of Our 

The Trade of . ' _ . . ° ■> . 

Fishing not to be lovmg Subjects whatsoever, to use and exercise the 
Trade of Fishing upon the Coasts of New-England, but 
that they and every of them shall have full and free Power and Lib- 
erty to continue and use their said Trade of Fishing upon the said 
Coasts, in any of the Seas thereunto adjoyning, or any Arms of the 
said Seas or Salt-water Rivers where they have been wont to Fish ; 
and to build and set upon the Lands within Our said Province or 
Colony, lying waste, and not then possess'd by particular Proprietors, 
such Wharffs, Stages and Work-houses, as shall be necessary for the 
Salting, Drying, Keeping and Packing of their Fish, to be taken or 
gotten upon that Coast ; and to cut down and take such Trees and 
other Materials there growing, or being upon any Parts or Places ly- 
ing waste, and not then in possession of particular Proprietors, as 
shall be needful for that purpose, and for all other necessary ease- 
ments, helps and advantages concerning the Trade of Fishing there, 
in such manner and form as they have been heretofore at any time 
accustomed to do, without making any wilful waste or spoil ; any 
thing in these Presents contained to the contrary notwithstanding. 
Tr es fit for And Lastly, for the better providing and furnishing of 
Masts not grow- Masts for Our Royal Navy, We do hereby reserve to Us, 
Soil gTamed "to Our Heirs and Successors, all Trees of the Diameter of 
so™ c lo a be P pre- Twenty Four Inches, and upwards of Twelve Inches from 
served. the ground, growing upon any Soil or Tract of Land 

within Our said Province or Territory, not heretofore granted to any 
private Persons : And We do restrain and forbid all Persons whatso- 
ever from Felling, Cutting or Destroying any such Trees without the 
Royal License of Us, Our Heirs and Successors, first had and ob- 
tained ; upon Penalty of Forfeiting One Hundred Pounds Sterling 
unto Us, Our Heirs and Successors, for every such Tree so Felled, 
Cut or Destroyed, without such License had & obtained in that be- 
half : Any thing in these Presents contained to the contrary in any 
wise notwithstanding. In witness whereof, We have caused these 
Our Letters to be made Patents. Witness Our Selves at Westminster, 
the Seventh Day of October, in the Third Year of Our Reign. 
By Writ of Privy Seal. PIGOT. 

A true Copy from the Original Examined ^ 

J Willard Sec'ry. 



354 PROVINCE OF NEW HAMPSHIRE. 

England. And further, Our express Will and Pleasure is, and We 

do by these Presents, for Us, Our Heirs and Successors, Ordain 

and Appoint that these Our Letters Patents shall not in any manner 

„. „ , t Enure, or be taken to abridge, barr or hinder any of Our 

I he Irade or . ' . ° J , 

Fishing not to be loving Subjects whatsoever, to use and exercise the 
Trade of Fishing upon the Coasts of New-England, but 
that they and every of them shall have full and free Power and Lib- 
erty to continue and use their said Trade of Fishing upon the said 
Coasts, in any of the Seas thereunto adjoyning, or any Arms of the 
said Seas or Salt-water Rivers where they have been wont to Fish ; 
and to build and set upon the Lands within Our said Province or 
Colony, lying waste, and not then possess'd by particular Proprietors, 
such Wharffs, Stages and Work-houses, as shall be necessary for the 
Salting, Drying, Keeping and Packing of their Fish, to be taken or 
gotten upon that Coast ; and to cut down and take such Trees and 
other Materials there growing, or being upon any Parts or Places ly- 
ing waste, and not then in possession of particular Proprietors, as 
shall be needful for that purpose, and for all other necessary ease- 
ments, helps and advantages concerning the Trade of Fishing there, 
in such manner and form as they have been heretofore at any time 
accustomed to do, without making any wilful waste or spoil ; any 
thing in these Presents contained to the contrary notwithstanding. 
Trees fit for ^nd Lastly, for the better providing and furnishing of 
Masts not grow- Masts for Our Royal Navy, We do hereby reserve to Us, 
soli granted "o Our Heirs and Successors, all Trees of the Diameter of 
Ens 1C to a be P pre- Twenty Four Inches, and upwards of Twelve Inches from 
served. the ground, growing upon any Soil or Tract of Land 

within Our said Province or Territory, not heretofore granted to any 
private Persons : And We do restrain and forbid all Persons whatso- 
ever from Felling, Cutting or Destroying any such Trees without the 
Royal License of Us, Our Heirs and Successors, first had and ob- 
tained ; upon Penalty of Forfeiting One Hundred Pounds Sterling 
unto Us, Our Heirs and Successors, for every such Tree so Felled, 
Cut or Destroyed, without such License had & obtained in that be- 
half : Any thing in these Presents contained to the contrary in any 
wise notwithstanding. In witness whereof, We have caused these 
Our Letters to be made Patents. Witness Our Selves at Westminster, 
the Seventh Day of October, in the Third Year of Our Reign. 
By Writ of Privy Seal. PIGOT. 

A true Copy from the Original Examined ^ 

J Willard Sec'ry. 



I if 


















V 






I 







t 



K1 



BOUNDARY LINE PAPERS. 355 

170. Then the Mass : Agents Moved That a Copy of a. Plan At- 
tested & Certify ed by the Secry of Nezv Hampshire as filed in his 
Office which was Endorsed " Province Bounds returned 23 July 1696. 
W™ Re df or d Deputy Secry" might be rec'ed as Evidence, But the 
Court were of Opinion that the same ought not to be rec'ed as Evi- 
dence & thereupon the Mass : Agents Moved that they might have 
UUty to Protest ag x the Courts not receiving the s d Copy which they 
were Allowed to do, & the Court Ordered the Copy to be returned 
to the s d Agents & the Clerks to Certify upon the back thereof the 
Courts Opinion on the same 

The Com'ee of New Hampshire then entred a Protest ag* the 
Comm rs receiving the Judgm 1 & Settlem t of the Boundary Lines be- 
tween the Colony of the Mass : Bay & M r Gorges of King Charles 
the 2 d in 1677. & also ag* receiving the Convey 'ce from the Council 
of New England to M r Mason in regard they related to the time of 
the Mass : Old Ch'er before it was Vacated, & ag 1 all other papers 
which related to the time of the old Ch'er Esp'ially since the Comm rs 
disallowed the Report of the Att r y & Sol r Gen 11 to the Lords of Trade 
relating to this Dispute being read as Evidence — All which they 
Excepted against 

[The above mentioned protest is here given in full from the original 
in Masonian Papers, Vol. 4, p. 146.] 

The Province of New Hamp r by their Comittee In Open Court 
beg Leave to Except & Protest Ags 1 the Courts Receiving as Evi- 
dence any Deeds Charters or other papers that related to the time of 
the Massachusetts old Charter & Could not as New Hamp r Concieve 
opperate in the Case but only Clogg & retard the Same Such as the 
Settlem* In King Charles the 2 d Time between the Massachusetts & 
Mason & Gorges & the Conveyance of the Council of Plumouth to 
Mason &c a the Severall Indian Deeds Waldron & Wears Depositions 
&c a all those Papers haveing no relation to the New Charter but was 
Transacted under the old Charter before it was Vacated & Annihi- 
lated & therefore unreasonable to be offred Now, Especially Since the 
Court Disallowd New Hamp r the Bennifit of Putting into the Case 
the Report of his Maj^ Attorny & Solicitor Gen 11 to the right Hon ble 
the Lords Comissioners for Trade & plantations relating to this Very 
Dispute all which we Apprehend an Injury Don his Maj ty Province 
of New Hamp r & therefore Except ags* the Same — 

Theod r Atkinson \ ™ Com tee 



356 PROVINCE OF NEW HAMPSHIRE. 

Adjournment to Monday next 

29 Aug 1 1737 — 172 — The Mass : Agents Produced in Evidence 
Attested Cbpys of 2 Dep'cons, one of Rich d Walderne, & the other 
of Peter Weare, taken in 1665. before the Gov r & Magistrates of the 
Mass : — An Indian Deed to Jonathan Tyng of ioOct r 1685 — Deed 
from Sundry Indians to John Wheelwright & Others dat 17 May 
1629 — Another Deed from 2 Indians to Jon a Tyng dat 22 Dec r 1683 
— Grant from Gov r Shute to the Town of Chester dat 8 May 1722 — 
And the Evidence of 2 ^sons taken 7 May 1665 properly attested 
were read & ord d to be rec'ed 

Affid 1 Rich d Waldron Sworn 3 d May 1665, before the Gov r & Mag- 
istrates of the Mass : at a Gen 11 Court at Boston 

That ab l 30 years since Dep 1 having some Commerce or Trade 
with the Indians at Piscataqua & many Others both of Pancatucke & 
Winnipisiokee Dep 1 enquired, What they called the River at Penni- 
cook, they said it was Merrimack ; & Dep* enquiring why there were 
other names to that River, was told, such names referred to the 
places of Land where Indians lived on the River, not the River itself, 
but the river beareth the name of Merrimack not only in that branch 
which runneth from Winnipisiokee, but in the other Branch which 
runneth more Westerly — That about 6 years since Dep* being sent 
for by Passaronaway & sev 11 other Sagamores where there was a 
great many Indians at Pen ni cook & being then at the ffort which was 
by the river side & enquiring concerning the name of the River rec'ed 
the same Ans r as is above exprest 

Dep'con Peter Weare Sworn at the same time 

That Dep* having often travelled the Country & always with some 
of the Native Indians It was from time to time Affirmed to Dep 1 
That the Lake called Winnipisiokee issued into Merrimack River — 
That Dep* being with some Indians upon the Northside of the s d 
Lake on a great Mountain saw the s d Lake which the Indians Af- 
firmed issued into the s d river having this Report by them for 27 
years. 

Deed of Sale from the Indians to Jonathan Tyng — 

10 Oct r 1685 — 173 to 175 — By this Deed Wanalansit (the only 
Surviving Son of Passoronoway who was the Great & Chief Sachem 
upon Merrimack River to whom the rest of the Indians paid Tribute) 
In cons : of 70 s . tog'er with sev 11 other Charges expended on & Gifts 
& Kindnesses shown him by Jon a Tyng of Dunstable on Merrimack 
River in the Mass : Colony absolutely Conveyed to the s d Tyng his 
Heirs & Assigns for ever 



BOUNDARY LINE PAPERS. 357 

" One Tract of Land situate lying & being on the s d Merrimack 
u Rivet & to lye full 6 English miles on each side of s d river the s d 
" river lying in the Center of it, to begin at a place commonly called 
" by the Indians Pennicook & commonly known by the English by 
" that name to begin on said River 3 miles up the river beyond that 
u place in Pennicook where the old Indian ffort now standeth, & so to 
" ascend up s d river untill you come to the Great Pond, which Pond is 
" full of small Islands, which Pond is the utmost Northw d to which 
" Major Simon Willard Esq r went with his C° when sent by the Gen 11 
" Court up s d river on Discovery " 

Habend the s d Tract of Land with all the Islands in s d river with 
all the Rivulets on each side s d river from 6 miles wide on each side 
s d river from end to end, To s d Tyng his Heirs & Assigns for ever 

With Cov ts of a Good Title — of Warranty — & of Quiet Enjoym* 
— Which Deed was 27 Oct r 1685. duly Acknowledged, & Recorded 
10 Nov 1 " 1686. 

Deed from Sundry Indians to Wheelwright & Others * — 

17 May 1629. By this Deed the Sagamores of Pennicook Pan- 
tuckett Squamscutt & Newichwannock (for a competent val in Goods 
already rec'ed in Coats Shirts & Victuals & that they might have the 
English Inhabit among 'em to strengthen 'em ag 1 their Enemies) 
Grant & Confirm to John Wheelwright of the Mass : Bay a Minister 
of the Gospell & 4 Others all of the Mass : Bay their Heirs and As- 
signs for ever 

176 to 182 "All that Part of the Main Land bounded by the 
" River of Piscataqua, & the river of Merrimack Viz 1 to begin at 
" Newichwannock ffalls in Piscataqua River af d & so down s d river to 
" the Sea & so along the Sea Shoar to Merrimack river & so up along 
" s d river to the ffalls at Pantuckett af d & so from s d Pantuckett ffalls 
" upon a North West Line 20 English miles into the Woods & from 
" thence to run upon a Streight Line North East & South West till 
" it meet with the Main Rivers that run down to Pantuckett ffalls & 
" Newichwannock ffalls & the s d river to be the Bounds of the s d 
" Land from the thwart Line or Head Line to the af d ffalls the Main 
" Channell of each River from Pautuckett & Newichwannock ffalls to 
"the Main Sea to be the Side bounds, & the Main Sea between Pis- 
" cataqua River & Merrimack River to be the lower Bounds To- 
" gether with all Islands within s d Bounds As also the Isles of Shoals 
" so called by the English with the appurts " 

And the s d Wheelwright & Company thereby Cov* to begin a 
Plant 11 at Squamscutt ffalls in Piscataqua River, to be under the Gov* 

* Printed State Papers. Vol. i . pp. 56-60. 



358 PROVINCE OF NEW HAMPSHIRE. 

of the Colony of the Mass : their Neighbours & to Observe their 
Laws & Orders untill they had a Settled Gov 1 among themselves 

And the same day the s d Wheelwright was put in poss'ion of the 
af d Lands 

Another Deed of Sale from the Indians to Tyng — 

[In place of the abstract here entered, this document is given in full 
from Masonian Papers, Vol. 4, p. 148.] 

To all people to whom these Presents Shall Come Greeting 
Know ye, That Joseph Trask and Mattanumin, both of them Indi- 
ans, and Commonly Called by such names as aforesaid Inhabitants at 
Weymesit, and Upward upon Merrimack River, for and in Consider- 
ation of Several Kindnesses Shewed to them in Paying Voluntarily 
Several Sums of money for them, to Persons to whom they were 
Obliged and Indebted, as also Several Sums of money that they and 
each of them have freely Received themselves of M r Jonathan Tyng 
of Dunstable by which they do hereby Acknowledge themselves 
much Obliged to the said Jonathan Tyng, Have Given and Granted, 
and by these Presents Do fully freely Clearly and Absolutely Give 
Grant Alien Enfeoffe and Confirm to M r Jonathan Tyng aforesaid 
and to his Heirs and Assigns forever, A Certain Tract of Land 
Situate and Lying on Merimack River, on the West Side of it, and 
on the North side of Soughegonock River and Bounded by the said 
Soughegonock River Southward, it begins at Merimack River, and 
runs up the said Soughegonock River near Four Miles upon a Com- 
mon Line, which Extended near One Quarter of a Mile above As- 
queanunckon Brook, to an Island of Upland Compassed about with a 
Slip of Meadow, where are Several trees marked and Bounded with 
T : from thence it runs North, Twenty Degrees Westward or near 
the Northwest and by North, to the full End of Ten English Miles 
from the aforesaid Soughegonock River, and from thence to run 
North Seventy and Three Degrees East, until you come to Meri- 
mack River and so Bounded by Merrimack River Easterly To Have 
and to Hold the abovesaid Tract of Land according to the full 
Extent of the Bounds thereof as aforesaid, with all the Priviledges 
and appurtenances to the same Appertaining, or in any wise belong- 
ing to him the said Jonathan Tyng and to his Heirs and Assigns for- 
ever, to his and their only Proper Use and Behoof (Excepting only 
and it is hereby Covenanted and Concluded That the said Joseph 
Trask and Wattanumin and their Heirs forever Shall and may at all 
times, and from time to time forever hereafter have free Liberty upon 
the Said Land of Fishing upon any Part of Merimack River by the 



BOUNDARY LINE PAPERS. 359 

Side of the said Tract of Land the abovesaid Covenant Notwithstand- 
ing, And further the said Joseph Trask and Wattanumin for them- 
selves their Heirs and Administrators Do Covenant Promise and 
Grant to and with the said Jonathan Tyng his Heirs and assigns by 
these Presents That they the said Joseph and Wattanumin are the 
Proper Owners of the said Tract of Land, and that they in them- 
selves have good Right full Power, and Lawful Authority the said 
Tract of Land to Give, Grant and Confirm to the said Jonathan 
Tyng and to his Heirs and Assigns forever, And that the said Jona- 
than Tyng his Heirs and Assigns forever Shall and may at all times 
and from time To time forever hereafter Quietly and Peaceably 
Have Hold Occupy Possess and Enjoy the same with all the Priv- 
iledges and Appurtenances thereof as abovesaid, with out the Lawful 
Let Hinderance Eviction, Expulsion, Suit or Denial of them the said 
Joseph and Wattanummin their Heirs Executors Administrators or 
Assigns of them or of either of them or of any other Person or Per- 
sons whatsoever Lawfully Claiming or having any Right Title or In- 
terest therein or thereunto by from or under them or either of them, 
or by any other Lawful Ways and Means whatsoever In Witness 
whereof the said Joseph Trask and Wattanummin have Affixed their 
Hands and Seals hereunto this Twenty Second Day of December in 
the Year of Our Lord God One Thousand Six Hundred Eighty and 
three, and in the Thirty and first Year of the Reign of our Sover- 
eign Lord King Charles the Second. — 

his Mark and Seal 

Signed Sealed Wattanummin X Indian [Seal] 

and Delivered in the T his Mark and seal 

Presence of. J ose P h X Trask C Seal ] 

his Mark his Mark 

John -j- Line. John X Thomas 

Little j/l/H James Fox his Mark 

Jonathan Danforth Sen r Joseph Traske and Wattanum- 

Thomas Hinchman min Indians Acknowledged this 

John Fiske Instrument to be their Act and 

Jonathan Danforth jun r Deed December 25 th 1683/ 

Joseph Foster. Before Peter Bulkley Assiss* 

Entred in the Register at Cambridge Lib° 9, Page 23, 24 — 17. 3. 
1684. by Tho: Danforth R 

Entred and Recorded According to the Original this 10 th Day of 
November. 1686/ 

A true Copy as of Record Examined ^ 

J Willard Sec'ry. 



360 PROVINCE OF NEW HAMPSHIRE. 

Grant from Gov r Shute to the Town of Chester. 

[In place of the abstract here entered, this charter is given in full 
from Masonian Papers, Vol. 4, p. 149.] 

George by the Grace of God of Great Britain France and Ireland 
King Defender of the faith &c a To all People to whom these pres- 
ents shall come Greeting. Know yee that We of our especial 
knowledge and mere motion, for the due encouragement of settling a 
new plantation by and with the Advice & Consent of our Council, 
have given and Granted and by these presents (as far as in Us lies) 
do give and grant in Equal shares unto sundry of our beloved sub- 
jects, whose names are entered in a Schedule hereunto annexed that 
Inhabit or shall inhabit within the said grant within our Province of 
New Hampshire, all that tract of land, within the following bounds — 
(viz 1 ) To begin at Exeter southerly corner bounds, and from thence 
run upon a west & by north point two miles along Kingston notherly 
line to Kingston north Corner bounds, then upon a south point three 
miles along Kingston head line to Kingston south corner bounds & 
from thence upon a west north west point, ten miles into the Coun- 
try ; then to begin again, at the aforesaid Exeter southerly corner 
bounds, and run seven miles upon Exeter head line, upon a north 
east point, half a point more notherly, then fourteen miles into the 
Country upon a west north west point to the River Merrimack and 
from thence upon a streight line to the end of the aforesaid ten miles 
line, and that the same be a Town corporate by the name of Ches- 
ter, to the Persons aforesaid forever, to have and to hold the said 
land to the Grantees and their heirs & Assigns forever & to such 
associates as they shall admit, upon the following conditions. — 

1. That Every Proprietor build a dwelling house within three 
years, and settle a family therein, and break up three acres of Ground, 
and plant or sow the same within four years, and pay his proportion 
of the Town charge when and so often as occasion shall require the 
same — 

2. That a Meeting house be built for the publick worship of God 
within the said term of four years. — 

3. — That upon default of any particular Proprietor in complying 
with the Conditions of this Charter upon his part, such Delinquent 
Proprietor shall forfeit his share, to the other Proprietors which Shall 
be disposed of according to the Major vote of the said Commoners, 
at a legal meeting. — 

4. — That a Proprietors Share be reserved, for a Parsonage another 
for the first Minister of the Gospel, another for the benefit of a 
School. — 



BOUNDARY LINE PAPERS. 36 1 

Provided nevertheless that the peace with the Indians continue 
dureing the aforesaid term of three years, but if it Should so happen 
that a war with the Indians should Commence, before the Expiration 
of the aforesaid term of three years ; The aforesaid term of three 
years Shall be allowed to the Proprietors after the Expiration of the 
war, for the performance of the aforesaid conditions Rendering and 
paying therefor to us our heirs and successors, or such other, officer 
or Officers as Shall be appointed to receive the same, the Annual 
quit rent or Acknowlegement of one pound of Good Merchantable 
hemp in the said Town, on the twentieth of December yearly for- 
ever. Reserving also unto us our heirs and successors all Mast trees 
growing on Said land according to Acts of Parliament in that behalf 
made & provided And for the better order rule and Government of 
the said Town, We do by these presents Grant for us our heirs & 
Successors unto the Said Men and Inhabitants or those that Shall 
inhabit the said Town — That yearly & Every year upon the last 
thursday in March forever they shall meet to Elect and Chuse by the 
Major part of them Constables select men and all other Town Offi- 
cers according to the laws and usage of our aforesaid province for the 
year Ensuing with such power privileges & authoritys as other Town 
officers within our aforesaid Province have and Enjoy — In Witness 
whereof, We have Caused the Seal of Our Said province to be here- 
unto Annexed Witness Samuel Shute Esq r our Governour & Com- 
mander In Chief of Our Said Province at our Town of Portsmouth 
the Eighth day of May in the Eighth year of Our Reign Annoq 
Domini 1722. — Sam 11 Shute 

By His Excellency's Command with the advice of the Council 

Rich d Waldron Cler: Con: 

Copy Rich d Waldron Sec r y 

(Loc: Sig) 

Dep'cons Simon Willard &-Edw d Johnson sworn 17 May 1665. be- 
fore the Gov r & Magistrates at Boston & Attested by the Keeper of 
the Province Records 

189 190 That Dep 1 being Appointed by the Gen 11 Court of the 
Mass : in 1652. to lay out the Northern Line of their Patent & being 
then called on to give Testimony of what they did therein They Said 
they Covenanted with 2 Indians (well acquainted with Merrimack 
River & the Great Lake having been born & bred there & lived there 
all their days & as Intelligent as any in those Parts) to lead Dep ts up 
Merrimack River so far as the River was Merrimack River — That 
when Dep ts came ab 1 60 miles short of the Great Lake there came 

24 



362 PROVINCE OF NEW HAMPSHIRE. 

2 rivers into one, one from the Westw d of the North, & the other 
from the Northw d of the East, but the Westerly River seemed 
bigger than the other — That Dep ts taking notice of both Rivers & 
knowing they must make use of but one called the Indians to Inform 
them which was Merrimack River, their Ans r was, the river which 
was next to Dep ts that came from the Easterly Point, Which River 
Dep ts followed to the Lake 

To All which Deeds & Affid ts the New Hampshire Com'ee Ex- 
cepted & Protested ag* the receiving the same as they were all 
transactions under the Old Ch'er — Which they were allowed to do 

The New Hampshire written Evidence 

How can the New Hampshire Agents reconcile this with their 
Obj'on to our reading anything as Evidence under the old Charter ? 
[Marginal note.'] 

Then the New Hampshire Com'ee offered for Evidence a Declara- 
tion of the right of the C° of the Mass : Bay which was Ordered to 
be rec'ed & read 

[In place of the abstract here given, this document is given in full 
from Masonian Papers, Vol. 4, p. 150.] 

A Brief Declaration of the Right and claim of the Governour and 
Company of the Massachusetts Bay in New England to the Lands 
now in their possession but pretended to by M r Gorge & M r Mason 
together with an answer to their Several pleas and Complaints in 
their Petitions exhibited, Humbly presented & submitted by the s d 
Governour and Company To the Kings most Excellent Ma ty as their 
defence 

In the yeare of our Lord 1628. in the third year of his late Ma ty 
Charles the first of happy memory several Loyal & piously disposed 
Gent 11 obtained of the Great Council of New England A Grant of a 
certain Tract of Land lying in New England, described and bounded 
as therein expressed, which was in all respects fairly and openly pro- 
cured, and with so good an intent of propagating the Gospel among 
the Natives, and to advance the honour and dignity of his late Ma ty 
of happy memory that they were bold to Supplicate his said Ma ty to 
superadd his Royal Confirmation thereto which accordingly in an 
ample Royal Charter was passed, and remains under the broad seal 
of England March the 4 th 1629. in the fourth year of his Ma tys 
Reign, with further addic'ons and enlargements well becoming so 
Royal a Majesty and suteable for the Encouragem* of so hazardous 



BOUNDARY LINE PAPERS. 363 

and chargeable an adventure. In pursuance whereof Many of the s d 
Patentees & other Adventurers transported themselves & Estates, 
and setled in the most known and accommodable parts of those 
Lands contained in the s d Charter, neither time Estate nor power 
suffering them speedily to survey the just extent of their Limits. 
Not many years different in time several others also of his Ma tys sub- 
jects obtained other Grants & made several settlements in the more 
Northern & Easterne parts of the Countrey. With whom for several 
yeares we had neighbourly Correspondence, being as they supposed 
without the Limits of our Patent, amongst whom the present 
Claimers & Petitioners were. These Grants, partly by reason of the 
smallness of some of them, and partly by reason of the darke in- 
volv'd & dubious expression of their Limits brought the Inhabitants 
under many intanglem ts and dissatisfactions among themselves, 
Which (there being no setled authority to be applied to, being de- 
serted and forsaken of all such as by virtue of s d Grants did claim 
Jurisdiction over them, and had made a successless Essay for the 
settlement of Government among them), proved of some continu- 
ance, unto the great disquiet & disturbance of those his Maj tys Sub- 
jects that were peaceable and well disposed amongst them, To rem- 
edy which inconvenience they betook themselves to the way of 
Combinations for Governm*, but by experience found it Ineffectual. 
In this time, Ignorance of y e Northerly running of Merrimack River 
hindred our actual Claim and Extension of Government, Yet at 
length being more fully setled, and having obtained further acquaint- 
ance & correspondency with the Indians possessing y e uppermost 
parts of that River, encouraging an adventure, as also frequent Solli- 
citations from y e most considerable Inhabitants of those Eastern 
parts earnestly desiring us to make proofe of and assert our Interest 
We imployed the most approved Artists that could be obtained who 
upon their Solemn Oaths made Returnes That upon their certain Ob- 
servation Our Northern Patent Line did extend so far North as to 
take in all those Towns and places which we now possess, which 
when the Inhabitants as well as our selves were satisfied in (urged 
also with the necessity of Government amongst them) they peaceably 
and voluntarily submitted to y e Governm* of the Massachusetts Viz 1 
Dover, Squamscot and Portsmouth Anno 164.1. Kittery, Yorke & 
Wells Anno 1652 & 1653. From which times until the year 1662 
when there was a small interruption by a Letter of M r Gorge, and 
afterwards in the year 1665. (when his Ma tys Commissioners Colonel 
Nichols & others came over) the Inhabitants of those parts lived well 
Satisfied & uninterrupted under the Massachusetts Governm*. But 
then the s d Commissioners neither regarding y e Massachusetts just 



364 PROVINCE OF NEW HAMPSHIRE. 

right, nor the Claims Of M r Gorge and M r Mason setled a new 
forme of Government there, but this hardly outlived their departure, 
the People impatient of innovac'ons & well experienced & satisfied 
in their former settlem 1 quickly and quietly returned to Order again 
and so continue unto this time This is in a few words the true 
state of the matter For the further Illustration whereof, & Justifica- 
c'on of our proceedings therein, and vindication of our selves from 
the reproachful imputation of usurping authority over his Ma tys sub- 
jects in the Easterne parts pretended to, with other Scandals cast 
upon us by the Petitioners We humbly present the following pleas 
by way of demonstration, & Argue. 

1 — That our extension of Governm* to those Eastern parts 
claimed, is agreeable to our indubitate Patent Right. Our Patent 
according to the express termes therein contained ; without any ambi- 
guity or colour of other Interpretation, lyes between two East & 
West paralel Lines drawn from the most Southerly part of Charles 
River, and the most Northerly part of Merrimack, with three miles 
advantage upon each, which upon the observation of men of ap- 
proved & undoubted truth upon Oath are found distant one degree & 
49 minutes North Latitude being to extend in full Latitude and 
breadth from Sea to Sea (ut in terminis) and therefore cannot be 
bounded by many hundreds or infinite numbers of Lines as the River 
of Merrimack maketh bends or angles in two hundred miles passage 
from Winipoisekek Lake to the mouth thereof, which to imagine, as 
it is irrational, So would it involve us and any borderer into so many 
inextricable disputes as are by no wayes to be admitted by a Prince 
Seeking his subjects peace. Besides were Such a Construction 
allowable (which w th uttermost streining is) yet all favourable Inter- 
pretation is to be afforded the Patentees by the gracious expression 
of the Charter. Now according to the afore mentioned Observation 
(so confirmed) all those Eastern Plantations challenged by our Oppo- 
nents (ut Supra) are comprehended within our Northernly Line We 
deny not but the Artists of their Selves, and if any question thence 
arise We feare not to submit to Tryal to y e most exact & rigorous 
Test that may be 

The invincible Strength of this our first plea may further appear 
by the consideration of the frivolous & insignificant Allegations of 
the Petic'oners in opposition thereunto. Viz 1 I st the nonextension of 
our Line, or Assertion of our Right to those Eastern parts for some 
years, ignorance as our Case was circumstanced, debarring no man 
of his just right, neither can it reasonably be supposed that the exact 
Survey of So large a Grant in So hideous a Wilderness possessed by 
an Enemy, would be the worke Of a few yeares, our own poverty not 



BOUNDARY LINE PAPERS. 365 

affording means, & our weakness (allowing no deep Adventure into 
the Country) permitting us not to view the favourable running of the 
River which none can imagine altered its course by our delay. We 
may as well be deprived of far more than we possess or ever Saw on 
our western parts to the South Sea (which none will deny) because 
we have not surveyed it or are soon like to be able, as be taken from 
our Northern right So obvious to the meanest artist. 

2 ly The possession house in Hampton of So little Significac'on 
and so long Since disused that M r Mason hath forgot the name there- 
of, and calleth it bound house, erected to give the world to know 
that we claimed considerably to y e Northward of our then Habita- 
tions upon the Bay, though we did not know the uttermost extent of 
our right, Our Fathers not being So ignorant of the Law of the 
Realme to which they did appertain, as to suppose the taking posses- 
sion of part did debarr them of the remainder but the contrary. And 
We challenge M r Mason or any on his behalfe, promising our Records 
shall be open to the most Scrutinous search to prove it either called 
or intended according to his abuse thereof 

3 dly That notorious falshood of stretching our right to near four 
hundred miles North and South more than formerly we were satisfied 
w th , our whole breadth being but one hundred and nine mile which is 
not much more than a quarter part of what he would have the world 
believe our new Claime and (as he would insinuate) usurped Territory 
doth contain, Arising (we would charitably believe) partly from igno- 
rance of the Coasting of the Countrey. M r Mason acquainting by 
the sea side, and we Suppose casting in the measure of every har- 
bour and Cove to make up that Calculation, which lies much of it due 
East, and not to the North but we fear malevolently suggested (as 
many other things as of little Credit) to introduce into his Ma tye his 
Royal breast a belief that we are unreasonable in our pretensions, 
and So unworthy of his Ma tys favour which we hope such unlawful 
Endeavours will never be so prosperous as to obtain What may be 
further added to this our first plea may be supplied from the Reasons 
formerly presented. We urge 

Secondly, The Invalidity of those Grants pretended to by the 
Petitioners, which are of two sorts, I st Such as beare date after ours 
which we see no reason to feare any interruption from Secondly 
Such as are pretended to beare date Before ours, Against which We 
object that they are not authentick wanting a sufficient number of 
Granters to make them So. None of them (as we presume will ap- 
peare upon Tryal) having above Six hands and seales annexed to 
them, the s d Council of New England consisting of forty, and his 
Ma tys Grant to them expresly requiring (as we are informed) seven at 






366 PROVINCE OF NEW HAMPSHIRE. 

the least to signe to make any valid act And indeed M r Masons own 
often unwearied renewal of his Grants in 162 1 sixteen hundred 
twenty two, sixteen hundred twenty nine and 1635 (as he saith) 
tacitly confesseth the same ; invalidity in the former putting him to 
charge for the latter till at last he fell into such a Trade of obtaining 
Grants that his last and most considerable, was six years after the 
Grant of our Charter, from his Ma ty and but three dayes before the 
s d Councils declaration of their absolute resolution to resign, and but 
a few dayes before their actual Surrender, as he asserts, Which of what 
value & consideration it is from the S d Council circumstanced under 
a necessity of resignation of their great Charter procured rather by 
the clamour of Such ill affected persons as the present Complainant 
than by any true Accompt of dissettlement or ill management here, 
is not difficult to judge. Hence it appears First how little Reason 
M r Mason hath to brand us with fraud or surreptitiousness in obtain- 
ing our Charter; which hath most shew of Fraud and surreptitious 
procuration, a sufficient number of those hon ble persons subscribing 
ours, & fewer his pretended antidated Grants, is easie to determine. 
In which assertion is to be observed the high reflection cast upon the 
Members of his late Ma ty and Ministers of State, groundlesly ren- 
dring the Councils Seal yea the great seal of England exposed to fraud, 
and deceitful clandestine practices. Yea upon his present Ma ty , in- 
sinuating himselfe better acquainted with matters of State than he 
who allows and confirmes our Grant as authentick by his gracious 
Letter of sixteen hundred sixty two which intolerable boldness how 
unbecoming, (not to say more) in a Subject it is not easie for us to 
Say, To all which We may add S r Ferdinando Gorges Application to 
the authority here to interpose in his affair, Which he, being one of 
the great Council, would have been far from acknowledging, had M r 
Masons allegations been founded upon Truth. Secondly That Arti- 
cles of Charge depending upon such illegal and post dated Grants 
cannot take place against us were their Disburse as great as it is 
affirmed Which by Eye witnesses upon the place and stil living are 
proved comparitively very inconsiderable. 3 ly We affirme That the 
whole managem* of the affair respecting our Goverm* of those East- 
ern parts, was in an orderly and peaceable way, and not without y e 
reiterated and earnest sollicitation of most of the People there inhab- 
iting, Sufficiently appearing by their Several Petitions, And we chal- 
lenge M r Gorge and M r Mason by any living Evidence or Record to 
shew any signe of a forceable Entrance Some Magistrates upon y e 
clearing of our right to them, and acceptance of the tender of them- 
selves to us, being sent thither without any other force than each of 
them a servant to attend them Indeed Some years after Cap 1 Boni- 



BOUNDARY LINE PAPERS. 367 

ton for mutinous carriage was seized & brought to Justice, concern- 
ing which & many other cases many Inhabitants yet living, and Eye 
Witnesses can give in the most impartial Evidences — 4 ly We offer to 
Consideration that the deserted and ungovern'd state of the People 
of those places, had we not had that Patent Right So clearly evinced, 
might warrant our acc'ons Especially considering the Obligation upon 
us to secure his Ma tys honour and maintain y e publick peace So haz- 
arded by the total want of Government amongst them — Our first 
Exercize of Jurisdiction being in the year 1641 eight year after Cap 1 
Neale Agent for M r Mason had wholy deserted the improver^ of 
Land and the Governm* of y e Country, which, indeed, he never used 
but one year for in the year 1630. he first came over and in the year 
1634. he quitted the place and in the interim neglected the Same in 
making a Voyage for England, the short time of his tarriance not 
admitting of settlem* of Government or improvem 1 We may hereto 
subjoin that M r Joseph Mason Agent for M rs Ann Mason, when here 
and all things were fresh in memory, made no demand contrary to 
what is affirmed but petitioned our Justice against his Debtors there 
& elsewhere And That S r Ferdinando Gorges his Grant being So 
mean & uncertainly bounded that he knew not well how to find, much 
less to improve it to considerable advantage, by his Letter bearing 
date doth devolve the whole charge, and care of his pre- 
tended Province upon the authority here established, Lastly. That 
the Exercise of Jurisdiction in those Eastern parts hath been and is 
his Ma tys honour, the peoples great benefit, and our Charge without 
profit, which had it not been ; the ruine of those parts would have un- 
avoidably ensued in y e want of all Government, and their Seizure by 
the French, who ever waited a fit opportunity for the same. They have 
part of them for thirty[five yeares and others twenty yeares (Some 
small interruption intervening, producing the stronger inclination & 
resolution in them to be constant to his Ma tys authority here) lived 
under the Governm* of the Massachusets ; a quiet, well ordered & 
thriving people, And as for any Complaint from ill affected persons, 
It is well known that the best and wisest Government is not without 
disquiet from some such And no wonder if silly people are soon 
affected with such fair, glowing promises as M r Mason hath made & 
published, as it were determining the Case before Tryal by his late 
Letters to the Inhabitants in those parts And that our Governm* in 
those places have been no gain is So unquestionable a Truth that never 
was any Levy laid upon them for the Supply of the publick Treasury, 
tho much hath been and is further like to be expended for their 
Security, who otherwise will inevitably become an easie prey to the 
heathen now in hostility with us, and at this present time rageing in 
those parts. 



368 PROVINCE OF NEW HAMPSHIRE. 

The beforewritten is a true Copy transcribed from the Records of 
the General Court of the late Colony of the Massachusetts Bay, held 
by the Governour & Company of the s d Colony, at Boston the 6 th of 
September 1676. 

Exam d ^ Is a Addington Sec'ry./ 

201. The New Hampshire Com'ee then Produced the Order in 
Council for the Att r y & Sol r Gen 11 to Prepare a Draught of this pres- 
ent Common for Settling the Bounds between the 2 Provinces, 
Which was rec'ed & read & as is follows 

Order in Council * 

9 Feb'ry 1736 — By Order in Council of this date reciting the 
Reports of the Lords of the Com'ee of 4 same Month Whereby their 
Lopps Propose sev 11 Directions as proper to be incerted in the pres- 
ent Comm'on (Which are accordingly incerted therein, & to the end 
that all ^ties might be prepared to proceed before the Comm rs at 
their first Meeting Their Lopps Proposed That L'res might be wrote 
by the Board of Trade to the Gov* of the Mass : Bay & New Hamp- 
shire to recommend to the resp'ive Councils & Assemblys of the s d 
Provinces to Appoint 2 of their Publick Officers residing in the s d 
Province on either of whom any Summons's or Notices might be 
served, the names & places of abode of such Officers to be sent to 
such Comm rs at their I st Meeting with a full State of their Demands 
Describing where & in w l places the Boundaries on the Southern & 
Northern part of New Hampshire ought to begin & w 1 Courses & 
how far the same ought to run resp'ively, & to acquaint them that in 
case they omitted so to do the Coram" were Empowered to proceed 
Ex^te — The Att r y & Sol r Gen 11 were Ordered to Prepare & Lay 
before his Ma'tie a Draught of a Comm'on with the sev 11 Clauses 
ment d in the s d Report & such others as might be necessary in a 
Comm'on of this m're & might tend to the better carrying his 
Ma'ties Intention into Execution, & such L'res were likewise 
Ordered to be sent by the Board of Trade. 

208 — The New Hampshire Com'ee also Produced a Copy of the 
Opinion of the Att'y & Sol r Gen 11 (M r Willes & M r Ryder) taken 
from the Plant" Office referring to the Commencem 1 of one of the 
Boundary Lines between the 2 Provinces Which they Prayed might 
be rec'ed & read & Entred, & the same was read but the Mass: 
Agents Excepted thereto, & after hearing argum ts on both sides the 
Court deferred the cons : thereof till the next morning 

* Given in full at the beginning of these proceedings, p. 277. 



BOUNDARY LINE PAPERS. 369 

{Report of Willis and Ryder, 1735/6.] 
[Mss. Prov. Boundaries, p. 81.] 

To the Right Hon ble the Lords Commiss rs for Trade & Plantations 
May it Please your Lordships 

In obedience to Lordships commands Signified to us by m r Popples 
letter of the 8 th march 1733 and the 5 Jan r last, wee have considered 
the Question which you was pleased to propose to us — 

From what Part of Merrymack River the three Miles from whence 
the dividing lines Between the Provinces of Newhampshire and the 
Province of the Massachusets Bay is to begin, ought to be taken ac- 
cording to the intent of the Charter of W m & Mary 

And wee have been Several times attended by the Council and 
agents of Both Provinces — 

The Council for Newhampshire offered Several arguments to prove, 
the dividing line ought to be taken from three Miles North of the 
mouth of Merrymack River. 

The Council for the Massachusets Bay, would not Say what it was 
they insisted on, or give any answers to what had been urged by the 
Council of the other Side, But declared that in their opinion the 
question which was propos'd to us would not Determine the Matter 
in Dispute and therefore they tho 1 it unnecessary to Say any thing 
upon it 

Whither this be So or not, wee are not able to Judge. But as to 
the question which is refer'd to us — 

Wee are of opinion 

That the dividing lines Between the Provinces of Newhampshire 
and the Province of the Massachusets Bay, is to be taken according 
to the intent of the Charter of W m & Mary, from three Miles North 
of the Mouth of Merrymack River where it runs into the Atlantick 
Ocean — 

Which is humbly Submitted to your Lordships 

18 March 1735/ J Willis 

Copia — D: Ryder 

30 Aug t 1737 — When they Ord d that the Paper containing the 
Op'ion as entred yesterday sho d lye on the Table for further cons : 

They then Produced a Copy of a Writt & Judgm* of the Sup'ior 
Court of Judicature of the Massachusets Which were read & are to 
the foil effect Viz* 



370 PROVINCE OF NEW HAMPSHIRE. 

[In place of the abstract here entered, this document is given in full 
from Masonian Papers, Vol. 4, p. 151.] 

Essex ss 

[Seal] George the second by the Grace of God of Great Brit- 
ain France & Ireland King Defender of the Faith &c — 

To the Sheriff of our County of Essex ) 

his Under Sheriff or Deputy Greeting ) 
We Command you that you summon James Adams of Haverhill in 
our County of Essex Husbandman (if he may be found in your Pre- 
cinct) to appear before our Justices of our Infer r Court of Common 
pleas next to be holden at Salem within & for our s d County of 
Essex on the second Tuesday of July next then & there in our s d 
Court to answer unto Thomas Carlton of Bradford in our said County 
of Essex Millwright In a plea of Trespass & Ejectrm" for that the 
Def'hath Entred into and unjustly withholds from the pi* the Possession 
of a Tract of Land lying in Haverhill afores d Containing by Estima- 
tion One hundred and eighty Acres & bounded as followeth viz* by 
a white Oak tree marked with A : J : standing in the Town Line 
& from thence running East One mile to a small white Oak Tree 
Marked with A : J : from thence running North Ninety poles to a 
white Oak Marked with J : C : from thence running West to a Black 
Oak marked J : C : standing in the Town Line from thence running 
in the s d Town Line ninety poles to the Boundary first mentioned. 
For that Whereas the pl l and Ebenezer Carlton and Aaron Carlton, 
Benjamin Carlton, Nehemiah Carlton, Nath 1 Carlton, Eliz a Carlton 
Jun r & Abigail Carlton Jun r Daniel Jaques jun r , & Hannah his Wife 
in right of his s d Wife on the fourteenth Day of January Anno Dom- 
ini seventeen hundred & sixteen were seized of the s d Premisses In 
their Demesne as of Fee taking the Profits thereof to the Value of 
Twenty Shillings ty Ann - And on the twelfth Day of September 
Anno Dom~ seventeen hundred and twenty seven the s d Daniel 
Jaques And Hannah his Wife in Right of the s d Hannah being 
seized as afores d by their Deed of that Date in Court to be produced 
conveyed their Share therein to the s d Ebenezer & his_ heirs and 
afterwards on the thirteenth Day of February Anno Dom" seventeen 
hundred & twenty seven the s d Benjamin, Nehemiah, Nathaniel, Eliz- 
abeth, & Abigail being seized as afores d by their Deed of that Date 
in Court to be produced conveyed their Share thereof to the s d Ebe- 
nezer & his Heirs & afterwards on the twenty third Day of May 
Anno Dom~ Seventeen hundred & thirty one the s d Aaron being 
seized as afores d by his Deed of that Date in Court to be produced 
conveyed his Share in the said Premisses to the s d Ebenezer & his 



BOUNDARY LINE PAPERS. 371 

heirs and afterwards on the seventeen Day of June Anno Dom 
seventeen hundred & thirty one the s d Ebenezer being seized in his 
Demesne as of Fee of his part of the s d Premisses and of the several 
Shares by him purchased as afores d by his Deed of that Date in 
Court to be produced Conveyed the same to the pi* & his heirs who 
thereupon hath good right to the Premisses afores d & ought to be in 
the Possession thereof Yet the Def* has Entred into the same and 
unjustly holds the pi* out to the Damage of the s d Thomas Carlton 
(as he saith) the Sum of two hundred Pounds which shall then and 
there be made to appear with other due damages & have you there 
this Writ with your Doings therein Witness John Appleton Esq r at 
Salem the seventh Day of June in the sixth Year of our Reign 
Annoq Domini 1733. 

Mitchel Sewall Cler 

s d Adams appeared at the s d Court & for plea says that this Court 
can have no Cognizance of the Cause & Matters herein Contained 
for that the Lands are in another Province Viz* the Province of New 
Hampshire & therefore not triable here which plea if adjudged 
against the Def* he prays the matter may be continued over to the 
next Court in order to vouch in One James M c Neal of whom the 
Def* purchased 

The Def* saving his pleas as on File pleads not Guilty in Manner & 
Form and of this puts himself on the Country. 

R : Auchmuty f Def* 

Endorsed/ Thomas Carlton Bollan Att* ^ Quer* 

Essex ss Haverhill June y e twenty second Day 1733 — 
By Vertue of this Summons I have summoned the within named 
James Adams to appear at Time & Place within mentioned by leav- 
ing Attested Copy of this Summons at his place of Abode with his 
Daughter Nath 1 Peaslee Und. Sheriff 

A true Copy Attest Mitchel Sewall Cler 

A true Copy Exam d f Benj a Rolfe Cler 

[In place of the abstract here entered, this document is given in full 
from Masonian Papers, Vol. 4, p. 152.] 

Province of the ) Anno Regni Regis Georgii Secundi Magnae 
Massachusetts Bay ) Britaniae Franciae et Hibernise Septimo 

At His Majesty's Superiour Court of Judicature begun and held 
at Ipswich within and for the County of Essex on the Second Tues- 
day of May being the fourteenth Day of the s d Month Annoq Dom- 
ini 1734 — 



372 PROVINCE OF NEW HAMPSHIRE. 

Thomas Carlton of Bradford in the County of Essex Millwright 
Appl 1 versus James Adams of Haverhill in the s d County of Essex 
Husbandman App lee From the Judgment of an Inferiour Court of 
Common Pleas begun and held at Newbury for and within the County 
of Essex on the last tuesday of September last past when and where 
the App u was Pit and the App lee was Deft In a Plea of Trespass and 
Ejectment For that the Def 1 hath entred into and unjustly withholds 
from the pi 1 the Possession of a Tract of Land lying in Haverhill 
afores d Containing by Estimation One hundred and Eighty Acres 
and bounded as followeth viz 1 By a white Oak Tree marked with A: J: 
standing in the Town Line and from thence running East One Mile 
to a small white Oak Tree Marked with A: J: from thence running 
North Ninety poles to a white Oak marked with J: C: from thence 
running West to a black Oak marked J: C: standing in the Town 
Line from thence running in the s d Town Line Ninety poles to the 
Boundary first mentioned. For that whereas the pi* and Ebenezer 
Carlton, and Aaron Carlton, Benjamin Carlton, Nehemiah Carlton, 
Nath 1 Carlton, Eliz a Carlton jun r , & Abigail Carlton jun r , Daniel 
Jaques jun r , & Hannah his Wife in right of his s d Wife on the four- 
teenth Day of January Anno Domini seventeen Hundred and sixteen 
were seized of the s d Premisses in their Demesne as of fee taking 
the Profits thereof to the Value of twenty Shillings ^ Ann" And 
on the twelfth Day of Sept r Anno Domini Seventeen hundred and 
twenty seven the said Daniel Jacques And Hannah his Wife in Right 
of the s d Hannah being seized as afores d by their Deed of that Date 
in Court to be produced Conveyed their Share therein to the s d Eben- 
ezer and his Heirs and afterwards on the thirteenth Day of February 
Anno Domini seventeen hundred and twenty seven the s d Benjamin, 
Nehemiah, Nathaniel, Elizabeth and Abigail being seized as afores d by 
their Deed of that Date in Court to be produced Conveyed their Share 
thereof to the s d Ebenezer & his heirs and afterwards on the twenty 
third Day of May Anno Dom Seventeen hundred and thirty one 
the s d Aaron being seized as afores d by his Deed of that Date in 
Court to be produced Conveyed his Share in the s d Premisses to the 
s d Ebenezer and his Heirs and afterwards on the seventeenth Day of 
June Anno Domini Seventeen hundred & thirty one the s d Ebenezer 
being seized in his Demesne as of Fee of his part of the s d Premisses 
and of the Several Shares by him purchased as afores d by his Deed 
of that Date in Court to be produced Conveyed the same to the pit 
and his Heirs who thereupon hath good Right to the Premisses, and 
ought to be in the Possession thereof yet the Def has entred into the 
same and unjustly holds the pl l out to the Damage of the s d Thomas 
Carlton (as he saith) the Sum of Two hundred Pounds. At which 



BOUNDARY LINE PAPERS. 373 

said Inferiour Court Judgment was rendered for the said James 
Adams to recover against the s d Thomas Carlton Costs of Court 
This Appeal was Commenced at the Superiour Court of Judicature 
held at Salem within and for the County of Essex on the last tues- 
day of October last past and from thence Continued to this time, 
both partys having agreed that the merits of the Cause should now 
be tryed and no pleas of Abatement Insisted on. And now both 
partys appeared and the Cause after a full hearing was Committed to 
the Jury who were Sworne according to Law to try the Same and 
returned their Verdict therein upon Oath That is to Say They find 
for the App !t Reversion of the former Judgm* the Land Sued for and 
Cost of Courts It's therefore Considered by the Court That . 
the former Judgm* be and hereby is reversed and that the said 
Thomas Carlton shall recover against the said James Adams the 
Possession of the Land and Premisses Sued for and Cost of Courts 
taxed at twenty pounds, fourteen Shillings & Six pence — 2 Jury 

Writ of Facias Hab : poss'ionem issued 8 th June 1734 
a true Copy as Appears of Record Exam d ^ 

Benj a Rolfe Cler 

The Massachusetts written Evidence in Reply 

The Mass : Com'ee Produced & read the ffoll Address to King 
Charles the 2 d in 1678 from the Gov r & C° of the Mass : 

[In place of the abstract here entered, this document is given in full 
from Masonian Papers, Vol. 4, p. 153.] 

At a General Court for Election held at Boston the 8 lh of May 
1678 — 

To the Kings Most Excellent Majesty 

The humble Petition and Address of the Governour and Company 
of Your Majestys Colony of the Massachusetts in New England 
Humbly Sheweth 

That Whereas your said Petitioners have since your Majestys most 
happy Restoration upon their Several Addresses in the Years 1661. 
62. &c Received Many Signal and Gratious returns of favour Con- 
firmation of our Charter, pardons of our Errors, Assurance of your 
Royal inclination to promote the trade and happyness of this Planta- 
tion) proceeding only from your Royal goodness which hath highly 
obliged us to all due acknowledgements thereof as We have had Op- 



374 PROVINCE OF NEW HAMPSHIRE. 

pertunity and We Shall for future at no time Omit to manifest (ac- 
cording to Our Capacity) our hearty and Sincere affection to your 
Majesty s Service and Interest as in duty We are bound, and there- 
fore most humbly Implore the Continuance of these gratious Influ- 
ences whereby your Poor Subjects here have been So much refreshed 
in their Great Sufferings and distresses, and that your Majesty Ac- 
cording to your Innate wisdom & goodness will receive no Impres- 
sions from any that for their own evil ends shall endeavour (by false 
and mistaken Reports) to represent Us as affecting and Aspireing 
to a greatness Independant on your Majestys Sovereignaty over Us 
or Incompetable with the duty of good and Loyal Subjects to a Most 
Gratious King in whose prosperity — We most heartily rejoyce, 
And for which We daily pray, In humble Obedience to Your Ma- 
jestys Command In Seventy Six We dispatched our good friends, M r 
William Stoughton and M r Peter Bulkley to Attend your Majestys 
Pleasure Concerning the Bounds of Our Patent in reference to M r 
Gorges and M r Masons wherein as We have been Informed your Ma- 
jesty hath declared your Pleasure as to the Settlement of the bounds 
of Our Patent, and our Right of Government therein according to 
our Charter which is matter of Great Satisfaction to all your good 
Subjects here it being their utmost ambition to enjoy under your 
Royal Protection and allegiance the known and declared ends of the 
first Undertakers which hath hitherto been Carried on att their own 
Charge both formerly & lately Defended by a greater Expence of 
Blood and Treasure than will easily be believed — whereof they Can- 
not but desire to reap the fruits which they assure themselves they 
may without any diminution of your Majestys Greatness Dominion 
or Glory which with your Majestys Pardon we are bold to affirme will 
not be Advanced by any Innovation or alteration of our present Set- 
tlement — 

We humbly Supplicate that our Messengers having dispatched the 
business betrusted with them by Us and Commanded to Attend by 
Your Majesty may be at Liberty to return and not be Obliged to 
make Answer to Such Complaints as are made by unquiet Spirits, 
who Seek not your Majestys but their Own Advantage and our Dis- 
tress, And what shall be Incumbent on us we Shall with all dutifull- 
ness attend as becomes good Christians, And Loyal English Sub- 
jects, and Shall Glory in giving your Majesty all Just Satisfaction, 
not insisting on any Erata' that may have Slipped Us in forty eight 
years especially in our Infancy or in the time of the late Confusions, 
for which (as we have had) we again most humbly Implore your 
Majestys most Gratious Pardon which will further oblige us for the 
future to be most observant of your Royal Pleasure, as to your Es- 



BOUNDARY LINE PAPERS. 375 

tablishment of Us according to the Charter granted by your Royal 
Father and Confirmed by your Royal Self upon Several Occasions — 

Let your Majesty be Pleased to accept from our Messengers 
aboves d an Account of our ready Obediance to your Majestys Com- 
mand for taking the oath of Allegiance in the forme prescribed And 
our repealing that Law referring to the Oath so 111 resented by your 
Majesty with Some orders M r Attorney and M r Solliciter excepted 
against Us our messengers have Intimated, we might recount the 
Particulars and present our further desires, but fearing we have 
been too tedious to detaine Your Majesty from your more Important 
affairs. And not being in a present Capacity to manifest our Gratitude 
by a Suitable Acknowledgement of your Constant goodness, by rea- 
son of the Great Disolations Great Charges and debts Contracted 
and yet remaining upon Us by the late Insurrection and outrages of 
the Indians We prostrate at your Majestys feet and humbly begg the 
Acceptance of the Loyal hearts — 

Your Majestys most humble Subjects & Supliants The Govern- 
our & Company of the Massachusetts Colony in New England — 

A true Copy as of Record 

Examined ^ J Willard Sec'ry 

Decl n of Mass : showing their complyance with King Charles's 
Order in Counc in 1677 

216 — The Mass : then Produced a Decl n of their Gen 11 Court in 
1679 — Which was read to the ffoll effect 

[In place of the abstract here entered, this vote is given in full 
from Masonian Papers, Vol. 4, p. 154.] 

At a General Court held at Boston 5 Octob r 1679 
This Court doth hereby Declare that all Commissions that have 
been formerly granted by the Collony of the Massachusetts to any 
person or Persons that live in the Town of Hampton Exeter Ports- 
mouth & Dover are hereby withdrawn, & as to any future made void 
& of none Effect — 

A true Copy as of Record 

Examined $ J Willard Sec'ry 

They then read an Extract of a Paragraph out of Gov r Dudley's 
Comm'on for the Gov 1 of New Hampshire to the foil effect 

[In place of the abstract here entered, this document is given in full 
from Masonian Papers, Vol. 4, p. 155.] 

Extract of a Par a or Clause in Gov r Dudleys L rs Pat s from Q n Anne 
dated April first, in the first year of her Reign to be Gov r of All that 
p* of New Hampshire therein described 



376 PROVINCE OF NEW HAMPSHIRE. 

" And We do hereby likewise give & and grant unto you full 
" power & Authority by & with y e advice of Our s d Council to agree 
" with the Inhabitants of Our Province & Territories aforse d for Such 
" Lands Tenem ts & hereditaments as now are or hereafter shall be in 
" our power to dispose of & them to grant to any person or persons 
" for Such Terms & under such moderate Quit Rents services & 
" Acknowledgments to be thereupon reserved unto Us as you by & 
"with the advice afores d shall think fit, which s d Grants are to 
" pass & be Sealed by our seal of New Hampshire and being 
" Entred upon Record by such Officer or Officers as you shall ap- 
" point thereunto shall be good & Effectual in Law against Us our 
" heirs & Successors. — 

A True Copy of the afores d Paragraph or Clause taken from the 
Original and Compared. 

f . Benj a Rolfe Cler. 

221 — They also Produced the Ch'er or Patent of King Charles 
the I st to S r fferd° Gorges, Part of which describing the Bounds they 
Desired might be read — The Com'ee of New Hampshire Excepted 
ag 1 its being read in Evidence in this Case, & after hearing what each 
^ty had to offer The Court ord d the Clerks to transcribe a true 
Copy of that Paragraph in the s d Patent which cont d the Bounds of 
the Lands thereby granted — & is in the words foil Vizt 

[In place of the abstract here entered, this document is given in full 
from Masonian Papers, Vol. 4, p. 156.] 

An Extract of a Paragraph or Clause out of King Charles Patent 
to S r Ferdinando Gorges for the Province of Main dated 3 of Apr. in 
ye j^th Year of his Reign 

All that part purpart & portion of the Main Land of New England 
afores d beginning at the Entrance of Piscataqua Harbour & So to pass 
up the Same into the River of Newichwannock & thro' the Same 
unto the furthest head thereof, & from thence Northwestward till one 
hundred & twenty Miles be finished. And from Piscataqua Harbour 
mouth afores d North Eastward along the Sea Coast to Sagadahock & 
up the River thereof to Kennebeque River & thro' the Same unto 
the head thereof & into the Land North Westward until one hundred 
& twenty Miles be Ended being Accompted from the Mouth of Sag- 
adahock & from the Period of one hundred & twenty Miles afores d 
to Cross over Land to the One hundred & twenty Miles end former- 
ly Reckoned up into the Land from Piscataqua Harbour thro' New- 
ichwannock River, And also the North half of the Isles of Shoals to- 



BOUNDARY LINE PAPERS. 2>77 

gether with the Isles of Capawocke & Nautican near Cape Cod as 
also all the Islands & Islets lying within five Leagues of the Main 
all along the afores d Coast between the afores d Rivers of Piscataqua 
& Sagadahock with all the Creeks Havens & Harbours thereunto be- 
longing and y e Reversion & Reversions Remainder & Remainders of 
all & Singular the Said Lands Rivers & Premisses. — 

A true Copy of the Said Paragraph or Clause Compared with the 
Original f W m Parker Cler. 

The New Hampshire written Evidence by way of Rejoynder 

Order made by New Hampshire to Prohibit Settling Lands near 
Pennicook * 

222 — The New Hampshire Com'ee Produced the foil Order of 
the Gov r & Council of their Province Viz 1 

io April 1726 — At a Council then held at Portsmouth by the 
Lieut* Gov r & Council It being reported to the Board That in 
Issuance of a late Vote of the Gen 11 Assembly of the Mass : Sundry 
^sons were going or gone to lay out take poss'ion of & Settle on 
some of his Ma'ties Lands within the limits of New Hampshire at 
or near a place called Pennicook, which was not only with* the con- 
sent of their Gov* but unjustifyable & tended to the destroying of 
the Mast Trees fit for his Ma'ties Service that might be growing 
thereon Which they the s d Lieut* Gov r & Council of New Hampshire 
co d not pass by with* bearing testimony ag* it It was therefore Ord d 
That a Com'ee in behalf of that Gov* sho d immecl repair to s d Pen- 
nicook & forewarn any ^sons whom they might find there or 
thereab* 5 from laying out taking poss'ion or Settling at or near Penni- 
cook or presuming to appropriate any other of his Ma'ties Lands 
within that Province till they sho d have the countenance of the Gov* 
of New Hampshire for so doing & to direct them in an amicable way 
forthwith to withdraw themselves from the s d Lands 

Evidence Closed 

223 — Then Both ^ties Declared they had no ffurther Evidence 
to offer unless it sho d be occasioned by something that sho d be 
started by the adverse ^ty — And then the Court Adjourned to the 
next morning 

31 Aug* 1737 — The Court accordingly met & took under cons : 
the Question Whether the Opinion of the Att r y & Sol r Gen 11 , where 
the Dividing Line between the 2 Provinces ought to begin, sho d be 
read & made part of the Record — And after debating the m're the 

Printed, State Papers, Vol. IV. d. ii. 
25 



378 PROVINCE OF NEW HAMPSHIRE. 

Presid 1 put the Question & the Court were Divided in Opinion, & 
the same was ord d to be returned to the ^ty who produced it with 
the reason it was not rec'ed 

224 — Then the Com'ees of both Provinces Presented their Replys 
in writing to each other, which were read to the foil effect 

New Hampshire Reply to Massachusetts Claim 

[Instead of the abstract here entered, this document is given in full 
from the original in Masonian Papers, Vol. 4, p. 158.] 

Prov. of I To the HoN ble His Majesty's Commission" for Set- 
N. Hamp r J tling the Boundary Lines between the Provinces of New 
Hampshire & the Mass a Bay — 

A Reply to the Answer of the Province of the Mass a Bay to the 
Demands & Pretensions of the Government of New Hamp r Exhib- 
ited by the Agents of the Province of the Mass a Bay — which is Pre- 
sented by us the Subscribers in behalf of His Majestys Government 
of New Hampshire 

Having Moved for & obtained leave of Your Honours to Exhibit 
any further or other answer to the Demands & Pretensions of the 
Province of the Mass a Bay, as also a Reply to their Said Answer, 
And as being the Original Complainants we Claim it is our Right to 
Close & Shut up the Arguments on this Controversy — Do there- 
fore further Say, in the first Place That the Province of the Mass a 
Bay ought to be Deemed & held to Contend as well with His Maj- 
esty as with His Province of New Hampshire in the Present Contro- 
versy, for that the Said Prov. of the Mass a Bay have Encroached on 
the Kings Lands, & Extended their bounds far beyond the Just & 
Legal Limits of their present Charter, & have made many grants of 
Lands belonging to His Majesty & in this Province of New Hamp r 
And have from time to time usurp'd Jurisdiction over a Great part of 
the Province of New Hampshire by trying the Title of Lands in the 
Courts held in & for the County of Essex in the Province of the 
Mass 3 Bay, which Lands, lay above Seven Miles & Some above ten 
Miles from the River Merrimack ; And Yet in their Present Demands 
they Say their Line ought to Run Parallel with the River at the Dis- 
tance of three Miles, So that 'tis plain they have Exercis'd a Jurisdic- 
tion, (by trying the title of those Lands,) without the Limits of their 
Government — 

Now the Province of New Hampshire being under His Majestys 
Immediate Government & the Right to the Lands being Immediate- 
ly in him of whom Every Proprietor holds the Same Directly, the 






BOUNDARY LINE PAPERS. 379 

Present Controversy is properly between His Majesty on the One 
part only, & the inhabitants of the Prov. of the Mass a Bay on the 
other part, who have the Right to the Soil as well as Government of 
their Province. So that there is no grounds for their distinction 
which they make, by Saying they ought not to be held to contend 
with His Majesty, but with the Province of New Hampshire only — 
besides were there any Difference between His Majesty's Lands & 
those belonging to the Province of N. Hamp r the Government of 
New Hamp r being His Majesty's Immediate Governm 1 as aforesaid, 
have a Right by virtue thereof, & ought in duty to prevent if they 
Can, any Incroachm ts on the King's Lands, that lye nearer to them 
than to any other Governm 1 Immediately under his Majesty, and 
therefore may well Appear in His Majestys behalf & Demand a Set- 
tlement of the boundarys between His Lands & those belonging to 
the Prov. of the Mass a Bay. — 

2 As we find the Prov. of the Mass a in their Answer to Our De- 
mands as well as in their Demands, Insist on that Judicial Determin- 
ation before K. Charles the 2nd in 1677 as being final & Conclusive 
of the present Controversy, & that they have thereby an undoubted 
Right to Extend their Limits agreeable to the Lines they have de- 
scribed in their Said Demands — We would beg leave to add to what 
we have Said in Our Answer, on that head, That His Excellency 
when he was Appointed Governor of these Provinces, Obtain'd an 
Instruction from His present Majesty, to lay the affair of the Lines 
before the Respective Assemblies of the Said Provinces, that they 
might make Choice of proper Persons to Adjust & Settle y e Same — 
Pursuant to which the Gen 1 Courts of the Said Provinces Enacted 
Laws which they thot proper & pertinent to the Occasion — That, 
pass'd by the Gen 1 Court of the Mass a is now Extant among their 
Laws, & is Entitled, An Act fully Impowering Commiss xs to Deter- 
mine the bounds betweeji this His Majesty's Province of the Mass 3 - 
Bay, & the Provi7ice of New Hampshire — If the Prov. of the Mass a 
had a Design to Execute this Law when they made it, that Shows 
they themselves thot the bounds unsettled, & that the matter was 
then Controverted, for otherwise they will Impeach the Wisdom of 
the King and His Gov r in troubling and concerning themselves about 
the Said Instruction, and also their own Conduct in putting them- 
selves to a great deal of trouble and Charge to have that Determined 
which was so before, as they now Say by the afores d Judgment, but 
if they had no design to Execute the Said Law when they made it, 
no man will Say they Acted the honest part whatever other Views they 
might have. But as we have no Suspicion that this was the Case 
when they pass'd the Said Act, tho' it did not take Effect, So we 



38O PROVINCE OF NEW HAMPSHIRE. 

Say, that whole Transaction fully demonstrates the Sense that the 
King, the Gov r , & the Province of the Mass a Bay had of this matter, 
at that time Namely that the boundarys between the Said Provinces 
were unadjusted & in Dispute. And tis remarkable that in Govern 1 " 
Belcher's Commission for y e Governm* of New Hamp r , the words 
that us'd to be in former Commissions viz three miles Northward of 
Merrimack River & every part thereof are left out, and that as we 
have been Inform'd by the Govern 1 " 5 own motion which Still further 
Argues what Apprehensions he as well as all concern'd in making 
out the Commission had of the extent of this Province, viz that it 
was not Limited by a Line running Parallel with the River to the 
head thereof. And Indeed how was it possible for them to think 
otherwise, the Reason & nature of the thing must, as we take it, 
force all that consider the case into the Same Apprehensions — for 
how can it be that a Judgment on one Deed or Grant, Should be a 
Decision of a Controversy on another which is materially & Essen- 
tially Different, Especially too when the Deed it Self is Annihilated, 
& of Consequence all that Depends upon it Void — And the Prov. of 
y e Mass a in their Answer to our Demands Seem rather to urge the 
Reason than Authority of the Said Judicial Determination, by con- 
fessing they hold by a Different Grant, but that it Conveys the Same 
Lands, which leads us to Consider — Thirdly that Paragraph in 
their present Charter which they Rely on as Sufficient for that pur- 
pose — the words are, " Provided also that it Shall & may be Lawful 
"for the Said Gov 1 " & Gen 1 Assembly, to make or pass any grant of 
" Lands lying within the bounds of the Colonies formerly called the 
" Colonies of the Mass a Bay & New Plymouth & Province of Main, 
" in Such manner as heretofore they might have done by Virtue of 
" any former Charter or Letters Patents ; which Grants of Lands 
a within the bounds aforesaid, We do hereby Will & Ordain to be & 
" Continue forever of full force & Effect, without our further Appro- 
" bation & Consent." The true intent & Design of this Paragraph 
was to give the Govern 1 " & Gen 1 Assembly of the Mass a a power to 
make & pass any Grants of Land in the Same manner, that is, as 
fully & Effectually to Convey the fee or a Good right & title to the 
Grantee, as they Could under y e first Charter, and of this we make 
no doubt, but the Question is how far & within what Limits they 
were to Exercise that power according to the true Intent & meaning 
of the Charter — And here first we would observe that by this Char- 
ter the Province of the Mass a has different bounds from those of the 
Colony of the Mass a bay by the old Charter, this they themselves will 
Confess is true as to the breadth of the Province, & we take it to be no 
less true with Respect to the Length thereof, tho' they may not be 



BOUNDARY LINE PAPERS. 38 1 

So willing to own it. And this difference was not an Accidental 
thing but designed by the Grantor, and here it is in this part of the 
Charter, after the Recitations & before the habendum, that we ought 
to look for the bounds & true Extent of the Province, for 'tis the Of- 
fice of the first part of any Deed after naming the grantor & Grantee 
to Describe with Certainty the thing Granted, and it is altogether 
as Improper to Enlarge the bounds of the Land Conveyd by any 
Deed after y e habendum as it is to add to & Increase the number of 
Grantees by Inserting their names there, we therefore conclude that 
the true extent of the Prov. of the Mass a is to be found after the 
Recitations & before the habendum, where their bounds are first 
mentioned, And hence it follows, Secondly that the Exercise of the 
Said power of Granting of Lands is by the Said Charter Limited to 
& Restrained within those bounds, & cannot be extended beyond 
them by any after Sentence or Paragraph. And this further Ap- 
pears by duly Attending to the words of the Said Paragraph, for the 
words, within the bounds aforesaid, must Refer either to the Colonies 
& Province mentioned in the former part of the Paragraph, or Else 
to the New bounds given by this Charter, that it must be the Latter 
is plain, from this, that the Sense is Compleat without them, if the 
bounds of the Colonies & Province Were Intended, & these words, 
within the bounds afores d are of no Significancy, According to that 
Construction, as will Appear by Reading the Paragraph without 
them, but when those words are Referr'd to the bounds given before 
by the Charter & mentiond before the habendum, they are Signifi- 
cant & useful & the Sense of y e Period is Compleat, & every member 
or part of it Sensible & of Some use — 

And tho' by a Stricte Grammattical Construction these words may 
Refer to the bounds of the Colonies &c Yet Such Construction is 
often Over Rul'd where the Sense Requires it, & the Plain Intent & 
Sense of the Instrum 1 shall Govern the Construction & Carry it 
against the Nice Rules of Grammer. it were Easy to produce many 
Instances of this if Necessary but is as we take it too plain & Noto- 
rious to Need it. But Especially in Charters Grants or Deeds 
which allow a more Liberal & Equitable Construction So as to Com- 
port with the Intention of the Grantor, And in the Case we are 
Speaking of the Sense Evidently Requires Such a Reference as we 
Contend for, namely to the Bounds first mentioned after y e Recita- 
tions, or else the Charter Contradicts it Self. And when there are 
two Constructions put on any Deed the one agreeable to the Strict 
rules of Grammer but make one part of the Deed Contrary to the 
other, and another Construction which tho' contrary to a Rule of 
Grammer is yet good Sense & makes the Deed Consistent with it 



382 PROVINXE OF NEW HAMPSHIRE. 

Self thro-out, can any man in Such a Case be at a Loss which Con- 
struction ought to be follow'd ? And this is plainly the case if the 
words we have been Speaking of have Such a Reference as they 
would give them, as a little attention to the Charter & what we have 
Said thereon will plainly Evince — 

Now the Government of New Hamp r Claims all the Land that 
Lies between the Northern Boundary of the Massachusets, & the 
Southern Boundary of the late Province of Main, and that His Maj- 
esty allows & understands that to be the Extent of the Province of 
New Hampshire may be Justly Inferr'd and is fully prov'd, by the 
Paragraph before Referr'd to in Gov r Belcher's Commission for the 
Governm* of this Province, in which the words that us'd to Seem to 
Limit this Province to a Line run three Miles North of any & every 
part of Merrimack River are left out, which shows that New Hamp r 
might possibly run nearer the River in Some places as the Line of 
the Prov. of the Mass a might probably be run. for it cannot be ra- 
tionally Suppos'd that the King intended One Line for New Hamp r 
& another for the Mass a & So leave Some Towns or a part of Some 
Towns, neither under that Governm* nor this, & Consequently under 
none, which must be the Case if that w ch is a Northern Boundery 
for the Mass a is not a Southern Boundary for New Hampshire — 

This point is further Demonstrated from the Commission which 
gives your Hon rs Cognizance of this matter, which Says you are to 
Settle the boundaries between these two Provinces which must 
therefore joyn to Each other, or the boundaries cannot be Said to be 
between them, — No Common Man is ever guilty of Such an Egre- 
gious Blunder as to Say that Bounds may be Settled between the 
land of A. and B. if C hath a Tract of land lying between theirs — 
It is plain then that In order to find out the true Extent & Bounds 
of New Hampsh r Your Hon rs must make a Construction of the Char- 
ter of William & Mary & Determine where the boundaries therein 
given Ought to run, & when you have done that & Mark'd them out 
the boundaries of New Hampshire will Show themselves — 

We Submit the whole to your Hon rs Judgment not doubting of an 
Impartial & Judicious determination and in behalf of His Majestys 
Government of New Hamp r Subscribe Our Selves Your Hon rs 

Hampton Aug 1 29, 1737 Humble Serv ts 

And r Wigging Sha d Walton ^ 

Th^ n pfcker [Committee TheodmJ Atkinson ( l Committee 

James Jeffry J Jotham Odiorne J 



BOUNDARY LINE PAPERS. 383 



MASSACHUSETTS REPLY TO NEW HAMPSHIRE CLAIM. 

[In place of the abstract here entered, this document is given in full 
from the original in Masonian Papers, Vol. 4, p. 159.] 

To the Hon oble his Majesties Commissioners for Setling the Respect- 
ive Boundaries between the Province of the Mass a Bay & New- 
Hampshire as well on the Southern as Northern part of New 
Hampshire./ 

May it Please Your Honours. 

The Province of the Massachusetts Bay to Support their Claim 
humbly present their letters Patent given in 1691, and the final Judg- 
ment of his Royal Majesty King Charles the Second in Council given 
upon the Southern boundary aforesaid in 1677, to be enter'd in this 
Court according to the direction of your Commission, And thereupon 
say, 

That his Majesty King Charles the first by his Letters Patent un- 
der the Great Seal of England, dated at Westminster the fourth of 
March in the fourth Year of his Reign, did Grant & Confirm to Sir 
Henry Roswel & others their heirs & Assignes All that part of New 
England in America which lieth between Merrimack River & Charles 
River, And all the Lands lying within three English Miles on the 
South part of Charles River, or of any part thereof, And all the 
Lands lying within three English Miles to the Northward of Merri- 
mack River, or to the Northward of any part of it, and all the Lands 
lying within these Limits North & South in breadth, and in length 
of and within all the breadth aforesaid throughout the Main Lands 
there, from the Atlantick Ocean on the East part to the South Sea 
on the West part, Creating them a Body Politique by the name of 
the Governour And Company of the Massachusetts Bay in New Eng- 
land for the planting & Governing thereof — 

In November following the President and Council at Plimouth 
granted to One Captain John Mason and his heirs certain Lands 
which they agreed should be named New Hampshire, bounding the 
same towards the Massachusetts by the middle of Merrimack River 
from the Mouth to the farthest head thereof, and from thence up into 
the Land Westward till threescore Miles be finished, which Grant we 
also pray may be Enter'd in this Court./ 

These Grants thus Interfering we once claimed a Right to the Soil 
and Government of all New Hampshire, & in Our Answer with a 
plan of Merrimack River presented to the King in 1677, which we 
also pray may be enter'd in this Court, alledged the Grant of that 



384 PROVINCE OF NEW HAMPSHIRE. 

Old Charter for it, Urging that we were bounded between two East 
& West Paralel lines drawn from the most Southerly part of Charles 
River, and the most Northerly part of Merrimack River, with three 
Miles advantage on each, and reaching from Sea to Sea, and there- 
fore could not be bounded by so many hundred lines as the River 
Merrimack makes bends or Angles in two hundred miles passage 
from Winnipesokie pond to the Mouth of the River. But this was 
our Mistake for such lines could never answer the plain words of that 
Charter, which expressly limited us as to the Lands Northward of 
Merrimack River to those only that were within three English Miles 
of the River, And therefore that Judgment of the King in Council 
in 1677 accordingly determined, that the North & South bounds of 
the Lands granted, so far as the Rivers Extend, are to follow the 
course of the Rivers, which made the Breadth of the Grant, So that 
dispute was then Setled, his Majesty made New Hampshire a seper- 
ate Province to be Ordered by Governours of his Majesties Immediate 
Appointment, And all the Commissions to their several Governours, 
that at any time since, mention their bounds, ever describe them as 
containing all those Lands that lye and Extend from three Miles 
Northward of Merrimack River or any part thereof to the Province 
of Main, As by the respective Paragraphs thereof herewith presented 
appears which we also pray may be Enter' d in this Court./ 

Now tho' that Old Charter of the Massachusetts Colony was after- 
wards Cancelled by a Judgment given in the Court of Chancery in 
the thirty sixth Year of King Charles the Second ; Yet their Royal 
Majesties King William and Queen Mary by their Letters Patents 
in 1 69 1 Declaring that King Charles the first by his letters Patent 
had Granted & Confirmed to Sir Henry Roswel & others their Heirs 
and Assignes All that part of New England abovementioned to be 
granted them, Creating them a body Politique by the name of the 
Gov r & Company of the Massachusetts Bay in New England, that 
they by vertue of those Letters Patents had setled a Colony of the 
English in those parts which was become very Populous, and that 
these Letters Patent were afterwards, cancelled by a Judgment in 
Chancery Do will & ordain that the Territories and Colonys com- 
monly called or known by the names of the Colony of the Massachu- 
setts Bay & Colony of New Plimouth the Province of Main &c, be 
Erected United and Incorporated into One Real Province, by the 
name of Our Province of the Massachusetts Bay in New England. 

About five Years after this the Governour & Council of New 
Hampshire caused their boundary line to be run from the Atlantick 
Ocean three Miles Northward of Merrimack River, following the 
course of the River, so far as they had any Settlement near it, and 



BOUNDARY LINE PAPERS. 385 

filed the Plan thereof among their publick Records. An Authen- 
tick Copy whereof we here present, and pray it may be Enter'd in 
this Court./ 

And as to their particular Objections & Allegations viz 1 

Objection I st That his Majesties Judgment in 1677 should have 
been pleaded in Barr to a New tryal, against their Petition for it, and 
therefore cant be used in our present defence./ 

We say we are now upon the Tryal where the Line is to be marked 
out upon the spot & Establisht, which never hath been done ; and 
therefore now only is the time to produce that Judgment as well as 
any other Evidence we have. 

Object 11 2 That that Judgment is void, because the Colony Char- 
ter, upon the Northern boundary line whereof this Judgment was 
given, is cancelled. We say It is void as to the Gov r & Company of 
the Massachusetts Colony, which are dissolved ; but not as to the 
Province of the Massachusetts Bay, into which all that was called or 
known by the name of the Colony of the Massachusetts Bay is incor- 
porated : for the Old Charter together with his Majesties Judgment 
upon the meaning of the words of that Old Charter in the day of it 
are matters of Record of the highest nature & definitely determine 
what was called or known by the name of the Colony of the Massa- 
chusetts Bay, and no Man has right to dispute it. 

Object 11 3 dly That the three Miles North of Merrimack River is to 
be taken from the middle of the Channell, because the Attorney and 
Solicitor General say, it is to be taken from three Miles North of the 
Mouth of the River, where it runs into the Atlantick Ocean. We 
say wherever the rivers Mouth runs into the Sea even to the North- 
ermost side of it, is Merrimack River ; therefore from thence the 
three Miles must begin./ 

Object 11 4 thly That the River Extends from the Sea to Pantuckett 
Falls thirty five miles Westerly, thence to the Crotch fifty five Miles 
Northerly 15:30 West in the whole, allowing for the variation, and 
by the Old Charter the Line is to run three Miles North of Merri- 
mack River or to the Northward of any or every part thereof, there- 
fore by that Charter the Line cant run parallel with the River from 
Pantuckett Falls to the Crotch unless a line can run parallel to a 
River that runs North, and yet be three Miles North of the river, 
which is impossible. 

We say, The words of the Old Charter are, We grant them all that 
part of New England, that lieth between Merrimack and Charles 
River and all the lands Lying within three Miles to the Northward 
of Merrimack River, or to the Northward of any part of it, Now the 
first clause gives us all the Lands between the Rivers Generally, and 



3§6 PROVINCE OF NEW HAMPSHIRE. 

the Second plainly intending to give us all the Lands within three 
Miles of Merrimack on the other side of it, expresses it in few and 
effectual words, containing two Limitations to distinguish these 
Lands by, viz 1 All the Lands that lye within three Miles of Merri- 
mack, and to the Northward of it, now the Lands inclosed between 
this Parallel line and the River from Pantuckett ffalls, to the Crotch 
are as much within these two Limitations as those from Pantuckett 
Falls to the Rivers Mouth, for they are within three Miles of the 
river & they are to the Northward of it, or on the Northside of it, 
there never was a River yet that had more than two Sides, this has 
a Northside named so from the course of the lower and Principal 
part of it, and therefore the other side must be the Southside, and if 
this Land be not on the Southside, it must be on the North, and who- 
ever travels down due south from any part of that line, he will come 
to the river therefore tis part of the Land absolutely granted by the 
plain meaning of the grant, as well as the Irresistable force of the 
words. 

If the Grant had been of all those Lands on the Northside of 
Merrimack that lie within three Miles of those parts of the River, 
that they bear due North from, in such case when the River turn'd 
Southerly diminishing our Breadth against Haverhill and Dracut, we 
must have diminisht of Our three Miles in width, and when it turn'd 
up towards the Crotch upon a course near North, we must have been 
very narrow, where it was due North, Our line must have run in the 
River, and thus according to the reaches of the River proceed till we 
come three Miles above the Crotch, and this we could not have been 
hindred of then, but the words of Our grant are not such, if they 
had, we had saved as much people & money which we spent in set- 
ling and defending the Lands they now Claim as New Hampshire 
and all their Claims would have been worth at this day, and if they could 
force their quibling construction upon Our grant, they would not 
bring so much advantage to his present Majesty, as they would cast 
reproach upon King Charles the first that made it above a hundred 
Years ago, but the words and meaning of our Grant can bear no 
other sence than what gives us our demand as above. However least 
any Man should be able to pervert the plain meaning of his Majesties 
Grant aforesaid he has fuller words granting all the Lands within 
three Miles of the River to the Northward of the River or to the 
Northward of any part of it, which puts the matter beyond all doubt, 
as themselves intimate if these words must be taken together ; and 
therefore no doubt but his Majesty King Charles the first knew the 
course of the River when he gave the Old Charter, especially con- 
sidering the form of New Hampshire runs North up Piscataqua and 



BOUNDARY LINE PAPERS. 387 

Newichawannock River to the head & from thence Northwest, which 
well Answers their Circular course by this River, But that King 
Charles the Second knew it when he gave that Judgment is certain, 
for the Massachusetts then in their defence told him, this River had 
such reaches northerly as that a due East & West line from the head 
of it, gave them all New Hampshire, and he understood them 
well for his final Judgment against them was, to run the course of 
the River up all these reaches and Extend their grant from the At- 
lantick Ocean within all the Breadth afores d that the Rivers give 
them as far as they go, and then with the Breadth there found to 
proceed to the South Sea./ 

Object" 5 thly That the Province Charter leaves out those Important 
and Material words of the Old Viz 4 to the Northward of any and 
every part thereof, and gives us All that part of New England lying 
and Extending from three Miles Northward of Merrimack on the 
North to the Atlantick Ocean on the South in breadth and in length 
of and within all the breadth & compass afores d throughout the Main 
Land from the Atlantick Ocean towards the South sea &c, the most 
rational construction of which is that this boundary should be a 
Straight line beginning three Miles North of the Rivers mouth & 
running due West throughout the Main Land &c. 

We say. That the Province Charter reciting the Old Charter and 
the Cancelling of it, Ordains that the Territories or Colonys com- 
tonly called or known by the name of the Colony of the Massachu- 
setts Bay & Colony of New Plimouth, the Province of Main &c, be 
Erected United & Incorporated into One Real Province by the name 
of Our Province of the Massachusetts Bay in New England, Now 
therefore with this Province the Line is now to be run, which hath 
the Jurisdiction of all that Territory which was called or known by 
the name of the Colony of the Massachusetts Bay and Includes this 
very Land in dispute. Its true, that after the Incorporation of the 
Province in its full Extent aforesaid it goes on & in the following 
Article gives sundry Lands to the Inhabitants of this Province to be 
at their disposal And now suppose in this Donation no more had 
been contained than forty Acres of Land in Nova Scotia, No Man 
would have said that was the contents of the Province — Wherefore 
as we have setled fflourishing Towns upon this Land if we had no 
right from the Crown to dispose of it his Majesty may do as seems 
him right concerning it, But the Neighbouring Province has no right 
to meddle with it because tis in this Province by the Incorporation 
aforesaid, And yet these very bounds plainly intend to comprise all 
the Lands in the Old Charter & give us all the Lands from three 
Miles North of Merrimack which must Include all Merrimack & 



388 PROVINCE OF NEW HAMPSHIRE. 

three Miles on the North side of it, and so this line is to be run from 
the Atlantick Ocean at three Miles distance from the Mouth parallel 
with the River giving us all the breadth the course of the River af- 
fords to the Crotch, and continuing the breadth there found by a 
West line to the End of the Province agreeable with the Old Char- 
ter, and so this Charter explains it in page 1 1 in these words Pro- 
vided also that it shall be lawful for the Governour & General As- 
sembly to make any Grant of Lands lying within the bounds of the 
Colonys formerly called the Colony's of the Massachusetts Bay and 
New Plimouth & Province of Main in such manner as heretofore 
they might have done by vertue of any former Charter or Letters 
Patent, which grants of Land within the bounds aforesaid (that is to 
say, the bounds of the Colonys formerly called the Colonys of the 
Massachusetts Bay & New Plimouth & Province of Main which are 
the bounds immediately before spoken of, and the only bounds before 
spoken of for six pages) We do hereby Will and Ordain to be and 
continue for ever of full force and Effect without Our further Ap- 
probation and consent./ 

Object 11 6 thly That this line ought to be a due East & West line be- 
cause the Massachusetts formerly insisted upon it before his Majesty 
King Charles the Second in 1677. We say this they Insisted upon 
as their due by construction as New Hampshire now doth but they 
also insisted upon the lines running North of all Merrimack upon the 
express Donation of their Charter, therefore let them take both to- 
gether or conform to plain reason & the Kings Judgment to run the 
parallel line./ 

Object 11 7 ly That if the line must run due West in any part, it 
must in every part, and therefore when the Right Honourable the 
Lords Commissioners for trade & plantations referred that Question 
to the Attorney & Solicitor General viz 1 from what point of Merri- 
mack River the dividing line ought to begin according to the intent 
of the Charter, they say nothing of the course, & the reason must be 
because they Judged it must be a Straight line otherwise they had 
never troubled themselves and those worthy Gentlemen to pass thro' 
the formality of several publick hearings and Arguments by Council 
only to determine a matter of no Importance for tis no matter where 
the Line begins if it must run parallel with the River. We say, 
Their Agent raised an Army of Petitioners to Exclaim against us 
and followed the Board of Trade with several Petitions, and at last 
petitioned that the King with the advice of his privy Council would 
determine two Material points which were not proper for meer Sur- 
veyors or Mathematicians in America to determine viz 1 where the 
line should begin and what course it should run, and these being de- 



BOUNDARY LINE PAPERS. 389 

termined his Ma'ties Commissioners work would be easy. There- 
upon the Lords of Trade to Satisfie his importunity referred one of 
those Questions to the Attorney & Solicitor General viz 4 where the 
Line should begin, Whereupon the Agents for the Massachusetts de- 
clared they looked upon the question of no importance and would say 
nothing to it, the Attorney & Solicitor General say they could not 
tell whether it was or not, but determined the line should begin at the 
Atlantick Ocean as doubtless when a Line is given to run from one 
place to another every Man will say it shall begin at the place it is to 
run from, And so we come properly before Your Honours not as 
meer surveyors or Mathematicians but as Judges according to An- 
tient and Incontestable right to determine the Second Question./ 

And upon the whole we pray Your Honours to determine Where 
the boundary Line on the Southside of New Hampshire shall begin, 
whether three Miles North of the middle of the Channell at the 
Mouth of Merrimack river as it now runs according to their Claim, or 
three Miles North of the black rocks, the Northern edge of the river 
when the first Charter was granted as we Claim, & that justly, be- 
cause the first Charter gave us all the land within three Miles of 
Merrimack river to the Northward as part of the Colony of the Mas- 
sachusetts Bay, it was ever so known and called, and is therefore by 
the Province Charter Incorporated into the Province of the Massa- 
chusetts Bay, and the line must begin accordingly. 

Whether the Line shall from thence proceed due West in the line 
of that Latitude as they say it should, or follow the course of the 
River till it comes three Miles Northward of the Crotch or head of 
Merrimack River as we Claim./ 

We also pray this Hon ble Court to determine that our line from 
three Miles North of the head of Merrimack River afores d shall pro- 
ceed due West in that Latitude to the end of the Province of New 
Hampshire, and this will be exactly to pursue the sense of both our 
Charters, and the Judgment of the King in Council afores d , giving us 
our breadth by the river as far as that go's, and at the end of the 
river continuing our breadth there found as far as the present occa- 
sion requires, And to choose some meet Surveyor or Surveyors to 
run & mark out this Line with such sufficient Monuments, and at 
such distances as your Honours shall think proper, as also the line 
on the Northern part of New Hampshire from the farthest head of 
Newichawannock River due Northwest which is the plain sence of 
the word North Westward, to the end of New Hampshire Province, 
and to make return of their doings therein to your Honours, at such 
farther day as you shall set, for your consideration, and that your 
Honours Judgment upon these disputes may be compleated. 



390 PROVINCE OF NEW HAMPSHIRE. 

In the name & by order of the Agents of the Massachusetts. 
Job Almy Samuel Welles 

Henry Rolfe Tho s Berry 

Ben a Lynde Jun r 

247 — After this Reply delivered in the Agents of the Province of 
the Mass: Bay Offered 2 Exceptions to the Proceedings of the Com rs 
the one because the Province of New Hampshire had not regularly 
Appointed the two Publick Officers required by the Comm'on & the 
other because the Court rejected a Plan which they Produced from 
the ffiles in the Sec'rys Office in New Hampshire, To the first the 
Com'ee of New Hampshire Objected that it ought not to be ree'ed 
& Allowed because not made at the time those Officers were No'iated, 
And upon hearing the parties The Court were of Opinion that the 
i 6t Exc'on ought not to be ree'ed, but that the 2 d be ree'ed & Entred, 
which 2 d Exc'on is in the words fol 

[In place of the abstract here entered, this document is given in full 
from Masonian Papers, Vol. 4, p. 160.] 

To the Hon ble the Commiss rs for marking Out & Setling y e Bounda- 
ries between the Province of the Mass a Bay & the Prov. of New 
Hamp r in New England — 

And the Said Province of the Mass a Bay comes before yo r Hon rs & 
declare that they Exhibited by way of Evidence to your Hon rs a Cer- 
tain plan Entituled a plan filed in the Sec 1 ^ 5 office of New Hamp r which 
is Endorsed Province bounds Returned the 23 rd of July 1696 W m 
Redford Dep 1 Sec 1 ^ & certified by Rich d Waldron Sec r > r & what yo r 
Hon rs on Argument hath Rejected & Denied to be part of the Case 
from which Judgment & Denial as Erroneous the Said Province of 
the Mass a Bay also pray An Appeal to his Said Ma^ In Council that 
the Said Province may before His Said Maj ty have all benefit & Ad- 
vantage of So material a part of their Evidence And this their pro- 
test and Appeal the Said province pray may be Entred in this Hon ble 
Court & made part of the Case 

In the Name & by Order of the Agents of the Mass a — 

Sam 1 Welles 
Tho s Berry 
Benj a Lynde Jun r 
Job Almy 
Henry Rolfe — 

249 — The Com'ees of both Provinces Appeared & the Mass: 
Com'ee Demanded Judgnv* of their Plea That they were not held to 



BOUNDARY LINE PAPERS. 39I 

Contend with his Ma'tie in this Dispute but with the Province of 
New Hampshire only And after hearing the ^ties thereon The 
Court were of Opinion That the Province of the Mass: Bay were not 
held to contend with his Ma'tie in this Controversy by the words of 
their Comm'on but with the Province of New Hampshire only And 
both Provinces being ffully heard by their Agents in support of their 
Demand & in ans r to each other The Court Adjourned till the next 
day 

1 Sept r 1737 — The Court Heard the Demands, Answers, & Rep- 
lications of both Provinces, & also the Evidences Produced on each 
side read & Adjourned to the next day 

2 Sept r 1737 — Upon Consideration of the whole by the Comm rs a 
Doubt arose in point of Law And the Court thereupon came to the 
foil Resolution 

[In place of the abstract here entered, this document is given in full 
from the original in Masonian Papers, Vol. 4. p. 161.] 

Prov. of 1 Hampton Sept r the 2 1737 at a Court of Commiss rs Ap- 
N. Hamp r j pointed by His Majesty's Commission under the Great 
Seal of Great Britain to Settle Adjust & Determine the Respect- 
ive Boundaries of the Provinces of the Mass a Bay & New Hamp r 
in New England then & there held. 

In Pursuance of His Majesty's afores d Commission the Court took 
under Consideration the Evidences, Pleas & Allegations offerd & 
made by Each party referring to the Controversy depending between 
them and upon mature Advisement on the whole, a doubt arose in 
point of Law & the Court thereupon came to the following resolution 
viz That if the Charter of King William & Queen Mary Dated Oc- 
tob r 7 th in the third Year of their Reign Grants to the Province of the 
Mass a Bay all the Lands which were Granted by the Charter of King 
Charles the first Dated March 4 th in the fourth Year of his Reign to 
the late Colony of the Mass a Bay, lying to the Northward of Merri- 
mack River then the Court Adjudge & Determine, that a Line Shall 
run Parallel with the Said River at the Distance of three English 
Miles North from the Mouth of the Said River beginning at the 
Southerly Side of the black Rocks So called at Low water mark & 
from thence to run to the Crotch or parting of the Said River where 
the Rivers of Pemigewasset & winnepiseoke meet and from thence 
due North three English Miles & from thence due West towards the 
South Sea until it meets with His Majestys other Governments — 
which shall be the boundary or Dividing Line between the Said 
Prov s of the Mass a Bay & New Hamp r on that Side — But if otherwise 



392 PROVINCE OF NEW HAMPSHIRE. 

then the Court Adjudge & determine that a line on the Southerly 
Side of New Hamp r begining at the Distance of three English miles 
North from the Southerly Side of the black Rocks afores d at Low 
Water Mark & from thence running due West up into the Main 
Land towards the South Sea until it meets with His Majesty s other 
Governm ts Shall be the boundary Line between the Said Provinces 
on the Side afores d — which point in doubt with the Court as afores d 
they Humbly Submit to the wise Consideration of His Most Sacred 
Majesty in his Privy Council to be determined according to His 
Royal Will & Pleasure therein — 

And as to the Northern Boundary between the Said Provinces the 
Court Resolve & Determine that the Dividing Line Shall pass up 
thro' the mouth of Piscataqua Harbour & up the Middle of the River 
into y e River of Newichwannock (part of which is now called Salmon 
Falls) & thro' the Middle of the Same to the furthest head thereof 
& from thence North two Degrees Westerly until one hundred & 
twenty Miles be finished from y e Mouth of Piscataqua Harbour 
Afores d or until it meets with His Majestys other Governm ts and that 
the Dividing line shall part the Isles of Shoals & run thro' the Mid- 
dle of the Harbour between the Islands to the sea on the Southerly 
Side & that the Southwesterly part of the Said Islands Shall lye in 
& be Accounted part of the Prov. of New Hamp r & that y e North 
Easterly part thereof shall lie in & be Accounted part of the Prov. of 
the Mass a Bay & be held & Enjoyed by the Said Prov s Respectively 
in the Same manner as they Now do & have heretofore held and En- 
joyd the Same — And the Court do further Adjudge that y e Cost & 
Charge arising by taking out the Commission as also of the Com- 
missi & their officers Viz the two Clerks Surveyer & Waiter for their 
Travel 8 Exp s & attendance in the Execution of the Same be Equally 
born by the Said Prov s 

Ph Livingston 
Will: Skene 
Eras: Ja s Philipps 
Otho Hamilton 
John Gardner 
John Potter 
George Cornell 

252 — After Pronouncing the s d Judgm* in the Audience of the 
Com'ees & sev 11 other Gent belonging to s d Provinces The Court In- 
formed the Com'ees that they sho d Adjourn to Fryday 14 Oct r then 
next & Ordered Copys of the s d Judgm* to be sent to the resp'ive 
Publick Officers in the s d Provinces no'iated to them & also Notice 
in writing of such their Adjournm* being 6 weeks when they sho d 



BOUNDARY LINE PAPERS. 393 

meet in order to receive any Exc'on or Appeale which either or both 
^ties might have to s d Judg 1 — & then the Court Adjourned accord- 
ingly 

\_William Dudley to Secretary Waldron, 1737.] 

[Mss. Prov. Boundaries, p. 135.] 

Boston 15 th Sep tr 1737 
Honorable S r 

By this Express our Committee Desire you'l Send Attested Copys 
of the Records following and to them all please to annex the Seal of 
your province with Certificate for the Gov r to Signe that you are the 
Secretary thereof & Due faith & Credit ought to be given &c 

Copy of the Councill of Plymouths Grant to Cap 1 John Mason 

the extracts of the Commissions to the Respective Governours of 
New Hampshire where the Bounds are mentioned 

the returne of the Comittees Doeings in running a parrell line to 
merrymack River according to warrant under the L* Gov rs Seal. 

The Report of New Hampshire Comittee & acceptance thereof on 
their meeting with ours at Newbury for an accomodation five or Six 
years agone I think the last time we ever met on that account, and 
please to Send by the Bearer hereof an accompt of what they 
come to & when the court meets at Salisbury if not Sooner You 
shall be fully Satisfyed. I am S r 

Your very Humble Ser* 

W m Dudley 

\_Mass. Vote for an Appeal, 1737.] 
[Mss. Prov. Boundaries, p. 134.] 

The Committee appointed to take under Consideration the Result 
of His Majesty's Commissioners relating to the Settlement of the 
Boundaries between His Majesty's Provinces of the Massachusetts 
Bay and New-Hampshire, are humbly of Opinion 

That an Appeal be made, on the part of this Province, from the 
Judgment of the said Commissioners. 

That a Committee be appointed by this Court to advise with 
Council learned in the Law, in order to prepare a Declaration to be 
laid before the hon'ble Court of Commissioners on the Day of their 
Adjournment agreeable to the Directions given in His Majesty's 
Commission 



394 PROVINCE OF NEW HAMPSHIRE. 

That the said Committee do prepare a Letter to our Agent, with 
an Instruction to engage Council in behalf of this Province ; And 
That they forward the same, with such papers relating to the Case, 
as they shall think necessary, by the first Opportunity — 

That the said Committee be impowered to treat and confer with a 
Committee of his Majesty's Province of New Hampshire upon any 
Proposals that may be made for an Accommodation between the two 
Provinces 

And we are further of Opinion That a message from both Houses 
be sent to his Excellency desiring that this Court may be sitting 
some Days before the Time of the adjournment of the hon'ble Court 
of Commissioners if he pleases 

All which is humbly submitted, in the Name and by Order of the 
Committee 

Salisbury 6 Sep 1 1737 — John Turner 

In Council Sept r 6 th I737~ 

Read and Ordered, That this Report be accepted 

Sent down for Concurrence Simon Frost Dep* Sec ry 

In the House of Rep'tives Sep* 6 1737 — 

Read and Concurr'd, And M r Speaker and John Wainwright John 
Chandler and Benjamin Prescott Esq rs and M r Thomas Hutchinson, 
with such as the hon'ble Board shall join, be a Committee for the 
Purposes within mentioned (any five of whom to be a Quorum) And 
the Committee is directed to report their Doings herein to the Court 
in their next sitting 

Sent up for Concurrence J Ouincy Spk r 

In Council Sept r 6 1737 

Read and Concurr'd and Edmund Quincy William Dudley, Samuel 
Welles Thomas Berry and Benjamin Lynde Esq rs are join'd in the 
affair. Simon Frost Dep 1 Sec ry 

Consented to J Belcher 

Copy Exam d by Simon Frost Dep ty Sec ry 

[ Vote of N. H. House about Expenses, 1737.] 

[Mss. Prov. Boundaries, p. 156.] 

Pro of ) 
N H j In the House of Representatives 

Voted/ That the Committee appointed by the Prov s to Lay all 
papers &c a and to Entertaine the Commiss rs on the affaire of the 



1 



BOUNDARY LINE PAPERS. 395 

Lines be and hereby are Directed and Impowered to Settle y e ac- 
count of Charges in that affaire (according to the Judgm 1 of the 
Comiss rs ) with the Committee of the Mass a Bay and to pay or 
receive any Ballance that shall appeare to be Due — and if said Com- 
mittees Cannot agree than to give Said Accounts to the Commiss rs 
& pray y m to tax the same as Cost 

gr jjjth j j ^ j James Jeffry Cle r Ass m 

Sent up for Concurrence 

14 Oct r 1737 — 253 — The Com'ees or Agents of both Provinces 
appeared & the Agents of the Mass : presented an Order of their 
Gen 11 Court made that day Whereby It was Ordered that the Ap- 
peale or Exc'on to the Determination of the s d Com rs which had been 
that day Approved by s d Gen 11 Court Should be laid before the Com rs 
in order to its being read & entred on their Records according to his 
Ma'ties Comm'on & a Com'ee was named in this Order for that pur- 
pose & to take out Copys & do every thing else that they might 
judge necessary for the ffurther prosecution of the affair 

255 — And the Exc'on to & Appeale of the s d Province from the 
Judgm* of the Comm rs was read being the same with their Petition 
hereto annexed 

{Massachusetts Appeal, 1737.] 
[From Original in Masonian Papers, Vol. 4, p. 162.] 

To the Kings Most Excellent Majesty in His most Hon ble Privy 

Council. 

The humble Appeal or Exception of Your Majesty's Province of the 
Massachusetts Bay against the final Determination of the Hon ble 
Your Majesty's Commissioners for Settling the respective Bounda- 
ries between the Provinces of the Massachusetts Bay, & New Hamp- 
shire, as well on the Southern as Northern part of New Hampshire, 
Most humbly Shews, 

That your Said Province of the Massachusetts Bay find themselves 
agrieved at the s d final Determination of the Said Hon ble Commis- 
sioners touching the Southermost of those Lines Viz* Where it 
adjudges 

First, That if the Charter of King William & Queen Mary Dated 
October 7 th in the third Year of their Reign does not grant to the 
Province of the Massachusetts Bay all the Lands which were granted 
by the Charter of King Charles the first Dated March 4 th in the 
fourth Year of his Reign, to the late Colony of the Massachusetts 
Bay lying to the Northward of Merrimack River then — the Court 



396 PROVINCE OF NEW HAMPSHIRE. 

adjudge & determine that a Line on the Southerly Side of New 
Hampshire beginning at the Distance of three English Miles North 
from the Southerly Side of the Black Rocks at low water Mark, & 
from thence running West up into the Main Land towards the South 
Sea until it meet with His Majestys other Governments Shall be the 
Boundary Line between the Said Provinces on the Side aforesaid ; 
Which part of the Determination is grievous to the Said Province of 
the Massachusetts Bay. — 

I st Because the express Words of the present Province Charter are, 
That the Territory or Colony commonly called or known by y e Name 
of the Colony of the Massachusetts Bay is erected united & incor- 
porated with New Plymouth, &c into one real Province by the Name 
of His Majestys Province of the Massachusetts Bay in New England, 
not excepting the least part of it ; And therefore cannot be bounded 
by this West Line, which would Strip this Province of more than one 
third part of what was contained in the late Massachusets Colony. 

2 di y -phe present Province Charter impowers the Governour & 
General Assembly of the Massachusetts Bay to Grant all Lands in 
the late Colony of the Massachusetts ; And declares, that Such 
Grants Shall be valid ; And therefore grants to the Province of the 
Massachusetts Bay, all the Land to the Northward of Merrimack 
River, as well as elsewhere, that was in the late Colony of the Massa- 
chusetts. 

gdiy The Agents for the Province of New Hampshire themselves, 
in the State of their Demands, laid before the Said Commissioners 
do Say or acknowledge that the Province of New Hampshire lyes 
without the late Colony of the Massachusetts and that the Colony of 
the Massachusetts is incorporated into the present Province of the 
Massachusetts ; And therefore no Doubt can be made whether the 
Line of New Hampshire Should include any part of the Said late 
Colony, nor Condition or Supposition, that any Part of it be not 
granted by the present Province Charter. 

4 ly The Said Line ought not to run West into the main Land as 
aforesaid, because a West Line crosses Merrimack River about Thirty 
five Miles from the Mouth, and excludes the Said River (where it is 
determined to be Merrimack by the Judgment of the Said Commis- 
sioners) for about Forty Miles out of the Massachusetts, Whereas 
the Said Merrimack River & three Miles Northward is determined 
to be in the Massachusets by express Words in both the old & new 
Charter not excepting or excluding any part of it. 

Secondly. The Province of the Massachusetts are further ag- 
grieved at the Said Determination where it Saith, That from three 
Miles North of the Crotch, the Line Shall proceed due West towards 






BOUNDARY LINE PAPERS. 397 

the South Sea till it meets with His Majestys other Governm ts which 
Shall be the dividing Line between those Provinces on that Side ; 
Whereas the dividing Line can proceed no further than Sixty Miles 
Because the Province of New Hampshire never did go farther, 
Whether the Bounds of it be taken from the Grant of Sixty Miles 
from the Mouth of Merrimack River, made by the Council at Ply- 
mouth to Capt. John Mason, which must then determine, Or from the 
Commissions to Yo r Majesty's Several Governours of that Province, 
which bound them only from three Miles Northward of Merrimack 
to the Province of Main ; So that the End of protracting that West 
Line, Seems to be, to prevent the Massachusetts extending towards 
the South Sea, Or Westward as far as the Colony of Connecticut, 
contrary to the express Grant or Direction of the present Province 
Charter. 

The Province of the Massachusetts also declare themselves ag- 
grieved at the Determination of the Said Hon ble Commissioners 
touching the Northermost Line Viz* Where it adjudges. 

I st That that Line Shall proceed from the furthest Head of New- 
ichawanock River North two Degrees Westerly ; Whereas it Should 
have been, that it Should proceed thence Northwesward, which is a 
well known & certain Course, the Same, as towards the Northwest, 
and makes a Right Angle with the Line directed by this Province 
Charter to run from Piscataqua Harbour's Mouth Northeastward 
along the Sea Coast to Sagadahock, which lyes towards the North- 
east ; For we cannot Suppose that when their Royal Majesty's King 
Charles the first, King William & Queen Mary used these Terms 
Northwestward & Northeastward to express the Course of those two 
Lines with certainty, and to the understanding of mankind, their In- 
terest & Meaning could be, that the Line running up the River One 
Hundred & twenty Miles Should be North two Degrees West ; and 
that running from the River one Hundred & Twenty Miles, to bound 
the Second Side, Should be North two Degrees East ; For this would 
make the Province of Main instead of a Tract of Land of One Hun- 
dred & twenty Miles Square, only a Gore, being at one End a Point, 
& but eight Miles wide at the other, not one Twentieth part of their 
Grant. 

2 dl y That that Line Shall proceed on till one Hundred & twenty 
Miles from the Mouth of Piscataqua Harbour be finished, or till it 
meet with His Majesty's other Governments ; Whereas it Should 
have been till the One Hundred & twenty Miles be finished without 
mentioning His Majestys other Governments ; Because the Province 
of Main extends no further than One Hundred & twenty Miles, and 
New Hampsh r on that Side is bounded by the Said Province of Main 



39§ PROVINCE OF NEW HAMPSHIRE. 

in all the Royal Commissions to the Several Governours of that Prov- 
ince where any Bounds are mentioned. 

Your Majesty's Province of the Massachusetts Bay therefore most 
humbly hope, that Your Majesty in Your most Hon ble Privy Council 
will be pleased in your Consummate Wisdom & Justice to disallow 
the Said Determination wherein they apprehend themselves aggrieved 
and will be pleased to continue & confirm the Antient Boundarys of 
this Your Majesty's Province according to their Claim & that part of 
the Said Determination which is agreab le thereunto, and founded on 
the Grant and Establishment of Your Majesty's Royal Predecessors. 

And Your Majesty's most loyal & Dutiful Subjects, as in Duty 
bound, Shall ever pray J. Belcher Gov r 

Province of the ) 

Massachusetts Bay j Salisbury, Oct 14, 1737. 

In Council October 14, 1737. 

In the Name & by Order of the Council 

Simon Frost Dep* Sec ry 

In the House of Representatives Oct 14 th 1737 

In the Name and by order of the House 

John Ouincy Speaker. 

[Masonian Papers, Vol. 4, p. 163.] 
In Council Oct 14, 1737 

Ordered That the Appeal or Exception to the Determination of 
the hon'ble his Majesty's Commissioners, appointed to settle the 
Boundaries between this Province and the Province of New Hamp- 
shire, this Day accepted by this Court be laid before the said Com- 
missioners in order to its being received and entred on their Records 
according to his Majesty's Royal Commission ; and That Edmund 
Ouincy William Dudley Samuel Welles Thomas Berry and Benj a 
Lynde Jun r Esq r , with such as shall be join'd by the hon'ble House 
of Rep'tives be a Committee for the Purpose aforesaid ; as also to 
take out Copies and Do every thing else that they may judge neces- 
sary for the further Prosecution of the affair, any five of the said 
Committee to be a Quorum 

Sent down for Concurrence 

In the House of Rep'tives Oct 14, 1737 

Read and Concurrd and M r Tho. dishing Job Almy and Henry 
Rolfe Esq™ M r Nath 1 Peaslee Col° Chandler M r Hutchinson Col° 



BOUNDARY LINE PAPERS. 399 

Prescott M r Danforth and James Warren Esq rs are join'd in the Af- 
fair J Quincy Sp kr 
Consented to J Belcher 
Copy Exam d ^ Simon Frost Dep 1 Sec ry 

Then the Com'ee of New Hampshire Produced a Vote of the 
House of Representatives of that Province only Setting forth with 
what parts of the s d Judgm* the Province of New Hampshire was ag- 
grieved & Excepted ag 4 To which the Agents of the Mass: Objected 
& took Exc'on for that it was only a Vote of one part of the Legisla- 
ture which did not represent the whole Province Whereas by the 
Comm'on the Exc'on to the Judgm* of the Comm rs was to come from 
the whole Legislature which was the Province And after hearing the 
s d Com'ees on the Obj'on & Exc'on af d The Court continued the m're 
for cons : till the next Meeting of the Court & Ordered the Clerk to 
Inform the Com'ee of New Hampshire of their Resolve thereon & 
that as the Gen 11 Court of New Hampshire was then Sitting the s d 
Com'ee might apply to the Gov r & Council for their concurrence with 
the s d Vote if they saw cause — And then the Court Adjourned to 
Monday then next 

17 Oct r 1737 — The Com'ee of New Hampshire being at the Gen 11 
Court of s d Province The Court Adjourned to Tuesday the 18 th 

18 Oct r 1737 -262 -The Com rs having Considered the Vote of the 
House of Representatives of the Province of New Hampshire as 
Entred the 14 th Agreed & Determined that the same sho d be rec'ed 
& made part of the Records of that Court — & the same is in these 
words Viz* 

[This document is here given in full from Masonian Papers, Vol. 4, 
p. 164, also Prov. Boundaries, p. 157.] 

Province of } To the Honourable the Commiss rs Appointed by his 
New hamps r > Maj ties Commiss rs under the Great Seale, to Settle the 
8 r =i4 — 1737 ) Boundarie Lines between his Maj ties Province of New 

hampshire, and the Province of the Massachusets Bay in New 

England 

Forasmuch as his Excellency Proroug'd the Generall Assembly 
of this Province at their Last Sitting, before they could know the 
Judgment of the Commiss rs Respecting the Boundary Lines of this 
his Majesties Government, And Proroug'd them to the day before 
the Said Court of Commissioners by adjournment were to meet in 
Order to receive the Appeals of Either Province that Should think 
themselvs Agrieved, at which Last meeting of the Commissioners 



400 PROVINCE OF NEW HAMPSHIRE. 

Either party agrieved was to give in their Appeal, from which part 
of the Judgment as they Should think Erroneous, and not afterwards ; 
And this Province being thereby Stript of the benefit and Advantage 
of Appealing from Such part of the Commiss rs Judgment as they 
think unreasonable and prejudicial : 

And that his Majesty might not think this House Satisfied with 
all parts of the Said Judgment : Voted that this his Majesties Prov- 
ince think themselvs agrieved by the Said Judgment in the following 
Particulars, viz 1 on the Southerly Boundary : in that the Judgment 
Says ; "begining at the Southerly Side of the Black Rocks, So called 
at Low Water mark", when those Rocks are about a Mile from the 
Mouth of the River Merrimack, & neare three Quarters of a Mile 
North from where it Emptys it Self into the Atlantick Sea or Ocean 

2 d ly from a Parralell Line with the River : In case a Crooked line 
Should be run (which by no means, we are humbly of Oppinion ought 
to be Admitted) for we object against the riming a Crooked Line 
parralell to the River, it being founded upon the Old Charter of the 
Corporation of the Massachusets Bay, long Since vacated, Yet in 
Such a Case it ought to begin three Miles to the North of the Mouth 
of the River Merrymack at Low water Mark where it Emptys it Selfe 
into the Atlantick Sea or Ocean, and in that manner to run no far- 
ther than the River hath a Western Course : and not to run parralell 
to the River where it runs North and South, at three Miles distance 
from the River, and far beyond where we apprehend it was formerly 
called Merrymack : And more particularly because the Province of 
the Mass a Bay Now hold under the Charter of William & Mary which 
Never intended a Crooked Line : 

3 d ly : and as to the Northern Boundary : We object against that 
part of the Judgm* that Says : " Through the Mouth of Piscataquae 
Harbour and up the Midle of the River" Because we humbly con- 
ceive that M r Gorges Patent, By which the Mass a Claime doth not 
convey any Right to the River. Eor the whole of that River and 
the Jurisdiction thereof hath Ever been in the Possession of this 
Province and never Claimed by the Massachusets : and this Province 
in order to preserve & Safe g'ard the same have always had a Castle 
and Maintained a Garrison there And the Committee Appointed by 
the General] Assembly of this Province to Lay all papers and Evi- 
dences Relateing to the affaire of the Lines before the Commiss rs are 
hereby Directed to present this Vote Immediatly to the Court of 
Commiss ls for Setling the Lines And pray that the same may be 
Entred at Large in their Minits and Made part of their Records 
By Order of the House of Representativs 

October the 14 th 1737. — James Jeffry Cle r Ass m 



BOUNDARY LINE PAPERS. 4<DI 

265 — Upon Publishing the Determination in the hearing of the 
Com'ees of both Provinces The Mass: Com'ee Moved that they might 
have lib'ty to Enter their Protest in writing ag* the same Which the 
Court Allowed them to do the next morning — To which time they 
Adjourned 

19 Oct r 1737 — The Mass: Com'ee Presented their Protest ^suant 
to the lib'ty given 'em yesterday, & which Exc'on & Protest is in the 
foil words Viz 1 

[In place of the abstract here entered, this document is given in full 
from Masonian Papers, Vol. 4, p. 165.] 

'rovince of 1 To the Hon ble the Commissioners Appointed by His 
N: Hampshire j Majesties Commission under the Great Seal to Set- 
tle the Boundary lines, between His Majesties Province of the 
Massachusetts Bay and the Province of New Hampshire in New 
England. 

The Committee of the Massachusetts Bay on Behalf of the said 
Province. Do Except & Protest against your Hon rs Receiving and 
Entering in the Minutes or Records of this Hon ble Court, A Vote of 
the House of Representatives of the Province of New Hampshire, 
Purporting their Greivance and Exceptions at the Judgement of this 
Hon ble Court as Expressed in said Vote and Exhibited the 14 th in- 
stant, by A Committee without the Appearance of any Power or 
Authority from the said Province so to do : 
For the Following reasons — 

I st Because your Hon rs by the Royal Commission, at this Meeting 
are not Enabled nor Allowed to receive any other Matter or thing to 
be made part of the Case, but only the Appeal of Either Province. 
Now the said Vote being Manifestly and Even by your Hon rs Own 
Opinion upon it, as in your Minutes, The Act of one Part of the 
Legislature only, And not of the Whole Legislature which is the 
Province, and therefore no Such Vote or Order can be received, 
Especially when the Hon ble the Council of said Province, have Voted 
that it is not for the Interest of the Province of New Hampshire to 
Appeal or Defend against any Appeal Made or to be Made from the 
Judgement of this Hon ble Court, But to Submitt the Matter as it now 
Stands to His Majestys Royal Pleasure. 

2 di y Forasmuch as the reason Assigned for offering the said Vote 
of the House of Representatives is intirely Groundless Viz 1 That the 
Province of New Hampshire was stript of the Benefit of Appealing 
by the Prorogation of the General Court of that Province to the day 
before the Adjournment of this Hon ble Court There having been full 



402 PROVINCE OF NEW HAMPSHIRE. 

Oppertunity on Several Days in which His Excellency the Govern- 
our has Continued the Whole Gen 1 Court Sitting, And the said Vote 
of Exceptions by the House hath never in all that Time been laid 
before Either of the Other Branches of the Generall Court for their 
Consideration. 

3 d!y Admitting the said Vote had been the Act of the whole Gen 11 
Court of New Hampshire, it must have been Exhibited & Laid before 
this Hon ble Court, by such as Were Authorized & Appointed to that 
Purpose, Whereas the Persons presenting the said Vote were neither 
Authorized nor Directed by the said Gen 11 Court so to do. 

So that upon the whole the Province of the Massachusetts Insist 
upon it and Say the said Vote is not the Act of the said Province. 
Nor were the Persons who presented the same Authorized or Di- 
rected to Present the same as afores d And therefore to Receive & 
Enter the s d Vote & Make it part of the Case is as the Province of 
the Massachusetts Bay Conceive Inconsistent with the Authority, 
and Even directly Contrary to the Plain Sence & Construction of the 
Royal Commission to this Hon ble Court. And this their Protest the 
said Province of the Massachusetts Bay Pray may be Entered in this 
Honourable Court and Made part of the Case. 

Samuel Welles./ 
Thomas Berry. 
Ben a Lynde Jun r 
Henry Rolfe 
Benj a Prescott 

Committee. 

268 — The Court having Directed their Surveyor to Prepare a 
Plan or Draft of the Rivers & Boundary Lines referred to & ment d 
in their Judgm 1 He accordingly Performed the same, Which Plan 
is annexed to the Proceedings transmitted by the Comm rs 

The Court having Proceeded thus far in the execution of their 
Com m 'on Thought proper to Adjourn to some future day till his 
Ma'ties Pleasures sho d be known in the prenres And accordingly 
Adjourned to the I st day of August 1738 

The following observations are thought proper to be added to those 
in our printed Case Viz 1 

As to the Northern Line of Massachusetts or Southern of New 
Hampshire 

1 — It is Evident the Massachusets was understood & known to 
extend so as to take in 3 Miles beyond Merrimack River & no fur- 
ther because from the time of the s d Judgm 1 of the King in Council 
Anno 1677. their practise was to Grant Lands so far Northward as 



BOUNDARY LINE PAPERS. 4O3 

this & no further, nor can any Instance be produced of their grant- 
ing further from that time to this 

2 — By an Act passed by the Assembly of the Massachusetts in 
the 7 th Year of his present Majesty Entituled 

An Act for erecting a New Town within the County of Essex at 
a Plantation called pennycook by the name of Rumford. 

By which Act after Reciting that Pennycook plantac'on was 7 
Miles Square & filled with Inhabitants — And that a Meeting House 
was built & an Orthodox Minister settled amongst them. 

It is Enacted that the Plantac'on of Pennicook in the County of 
Essex as the same is thereby bounded shall be set off & constituted 
a seperate & distinct Township by the name of Rumford. 

And the Bounds of the s d Township are thus described (Viz*) 

Beginning where Contoocook River falls into Merrimack River & 
thence to extend upon a Course East 17 Degrees North 3 Miles — 
And upon a Course West 17 Degrees South 4 Miles which is the 
Northerly Bonds of the s d Township & from the other parts of that 
Line to be set off Southerly at Right Angles untill 7 Miles & 100 
Rods shall be accomplished from the s d Northern Bounds — And 
which Act so late as 21 April 1737 Was Confirmed by his Majestys 
Order in Council. 

And which we take to be another Declarac'on of the Royall Sence 
that this Boundary is to be by the Curve Line we contend for ffor 
otherwise & should the Line run as New Hampshire contends for it 
will entirely exclude this whole Township which will be then near 30 
Miles Distance from the Borders of Either province. 

3 — We apprehend a very strong argument arises in favour of the 
Massachusetts — Ab Inconvenienti — ffor the Massachusetts people 
under Massachusetts Grants have settled all up the River Merrimack 
so far as the Crotch and no one Settlem* is made within the 3 Mile 
Line Claimed by the Massachusetts under any Grant from New 
Hampshire — All the Settlements have been Erected into 30 Town- 
ships by Acts of Assembly — the Setlers have been Subject to the 
Laws & paid their Taxes &c to the Massachusetts Government — 
And to set aside all these Grants & Rescind all these Laws Con- 
firmed too by the Crown would be attended with many publick Mis- 
chiefs & Inconveniencies and very great ones too which must neces- 
sarily Ensue upon subverting the Judgment of 1677 and in a manner 
marking out New Boundarys for the Provinces after an Acquiescence 
of so many Years or at least after so many Settlements in Conse- 
quence of that Determinac'on, ffor should the Line Intersect Merri- 
mack R'iver 40 Miles Southwards of what was formerly allowed to 
belong to the late Colony of the Massachusetts it would create the 



404 PROVINCE OF NEW HAMPSHIRE. 

utmost Confusion in such Number of Grants & Townships — And 
Arguments of this nature have always carried great Weight with 
them & were very lately the ffoundation of an Act of Parliament with 
regard to the Jurisdiction of the Master of the Rolls — And Incon- 
veniencys affecting Grants and Settlements of ancient Dates & Stand- 
ings are always of material Considerac'on in Courts both of Law & 
Equity. 

4 — For that the Massachusetts Province Extends to the South 
Sea by force of the Words as far Westward as our Colony of Con- 
necticut — This is plain by having recourse to the Charter to Con- 
necticut which is dated in 1662 & gives them the South Sea for their 
West Bounds & Bounds them Northerly on the Massachusetts plan- 
tation Wheras if the Line is to be run in the manner claimed by 
New Hampshire the Massachusetts will be prevented from extending 
Westward as far as Connecticut contrary to the express Words of 
the present Charter 

The Objections made by New Hampshire to this Boundary Line. 

I st Objection — New Hampshire objects that the Settlem* Anno 
1677 should have been pleaded in Bar ag* a new Trial and that it was 
vain to have this present Enquiry if any past Settlem* was now good. 

Answer — The New Hampshire Committee in the directing their 
Answer to the Court of Commissioners Intitle them Commisson rs to 
mark out & settle the Boundarys, which plainly supposes that there 
were certain Boundarys before but that they never had been Marked 
out & also that they were to be so done by the ancient Deeds Char- 
ters & Settlem ts referred to. 

This cannot be thought vain or too trifling for such a Court, when 
the Adjustment of the dispute as to the Name the running & Course 
of the River Merrimack with which the Northern Line was to run 
parrallel continued or took away a Tract of Land above forty Miles 
Wide to the end of the Government. 

3 dly It was the Southern & Northern Boundarys of New Hamp- 
shire & not of the Massachusetts that were to be ascertained & the 
Course of their Lines fixed, it was therefore highly incumbent on 
them especially when Considered as Claimants to prove & make out 
their Boundarys, Now whatever appeared of this nature instead of 
flavouring their Line gave strength & support to the Massachusetts 
Claim & Right thus 

First the Deed to Capt John Mason Nov r 1629 bounds that Tract 
of Land which was then called New Hampshire by Consent of the 
Council of Plymouth by the River Merrimack to the furthest head 
thereof & then into the Country, Hence it follows that the Dividing 
Line could not cross over Merrimack for their Boundary was to fol- 



BOUNDARY LINE PAPERS. 405 

low or was fixed in the River to the furthest head thereof, and had 
not this Grant been after that to the Massachusetts it would indeed 
have excluded their 3 Miles Claim on the Northern Side of the River 
but the Massachusetts Grant was prior to Masons Grant and must 
therefore so far entirely set aside & render invalid Masons Deed 

Note Mason had a prior Deed to this, but it was never Authen- 
tick having but six hands Whereas the Grant to the Council at Ply- 
mouth from King James expressly requires seven hands at the least 
to make an Act valid, And it was from Masons Deed of 1629 that 
New Hampshire took it's Name. 

2 di y T/he Commission to President Cutis * Anno 1679 tw0 Years 
after King Charles's Settlem* 1677 & when the matter was fresh in 
Memory was that which created a Government & is the alone Foun- 
dac'on on which that province must stand unless they can shew any 
Addition to their Bounds & Limits by some New Grant from the 
Crown, and that too of Lands not before Granted Now this Commis- 
sion first bounds them Three Miles North of Merrimack or any part 
thereof & 2 dly the King thereby declares that the Government of s d 
Province of New Hampshire so limitted & bounded had never yet 
bee7i Granted, and then his Majesty by these Letters Patents creates 
& gives them the power of Government 3 dly His Majesty by these 
Letters Pattent declares that Robert Masons Ancestors had obtained 
a Grant of the Soil of s d Tract which answers to the afs d Deed dated 
1629 Save only that whereas the King by his Settlem 1 1677 na cl ad- 
judged 3 Miles North of Merrimack & every part thereof as the River 
ran to belong to the Massachusetts so he justly cutts off & Abscinds 
from the Grant of Mason & make his new Government to Correspond 
& agree with the said Settlement. 

All the following Commissions (the Charters of New Hampshire 
Governm* if they may be so called) give the Sense of Crowned Heads 
& in all of them the Southern Boundary of New Hampshire is ascer- 
tained & fixed to three Miles Northward of Merrimack or any part 
thereof & these Commissions are all that give the Boundarys 

But then New Hampshire Object 

2 d Objection — That it appears from these Commissions that the 
Crown well knew New Hampshire Extended further than the Bounds 
menc'oned in these Commissions as is Evident from the words All 
that part of New Hampshire which implys New Hampshire to be 
of larger Extent & to contain all the Land not comprehended within 
the Massachusetts Charter. 

Answer — These Words at the time they were Originally incerted 
in these Comis'ons were plainly done with a view to Masons Grant 

* Printed, State Papers, Vol. i, pp. 373-382. 



406 PROVINCE OF NEW HAMPSHIRE. 

which Grant first gave the Name of New Hampshire to all the Lands 
included in it & his then Majesty having by the s d Determinac'on in 
167 7 finally adjudged that part of the Lands included in that Grant 
to Mason were belonging to the then Colony of the Massachusetts his 
Majesty at the time when he issued his first Comis'on to New Hamp- 
shire that he might not be thought to break in or Infringe upon the 
said Judicial Determinac'on & to guard ag 1 all possibility of a Con- 
struction of that kind Describes the Territory of New Hampshire in 
this Comis'on so as that it might not be Construed to extend to that 
part of the Lands which by the s d Order in 1677 were determined to 
belong to the Mass 5 Colony And to shew that the Gov rs by Virtue of 
these Comis'ons were to have a Jurisdiction only over such part of 
the Lands in Masons Grant as were contained within the Bounds laid 
down in their Comis'ons & which Comis'ons were manifestly framed 
so as to be conformable to the Judgment of 1677 — The other part 
of that which was Originally called New Hampshire by Masons Deed 
being by the said Judgment determined & adjudged to be within the 
Massachusetts Colony. 

3 d Objecc'on — New Hampshire object & insist that Gov r Belcher's 
Comis'on makes him Gov r of New Hampshire generally without men- 
c'oning any Bounds & would from hence inferr the Sense of the 
Crown that all the former Descripc'ons in the preceeding Commis- 
sions were erroneous & ill warranted. 

Answer — As To which it is to be observed that the Boundarys of 
that Government being ascertained in the first Comis'on 1679 & in 
the after Comis'ons to five Governors being all that part of New 
Hampshire (according to the first Grant 1629 which the King had to 
give the Government of, it was now become needless to describe it 
by it's Boundarys the Bound ys being so known & fixed for such a 
Course of Years & now that part so described in the former Com- 
is'ons by prescription & becomes & is determined the province of 
New Hampshire And this further appears to be the true design of 
the last Commission for had the King intended to have enlarged or 
further extended that Governm* it wo d have been by giving new & 
certain Bounds & not by barely giving the Government of New 
Hampshire which must when alone referr to certain Bounds men- 
c'oned & determined in some prior Grant of Governm* & this is es- 
pecially done in the first Comis'on to M r Cutts & as the Boundarys 
had been so solemnly decided by the Judgm* of 1677 & for above 50 
Years afterwards (Viz*) till 1730 known by the same Descripc'on as 
those in the Judgm* & used in all succeeding Comis'ons in that Sense 
— the Name & Bounds of New Hampshire were thereby become so 
certain & notorious as to render it wholly unnecessary to continue 



BOUNDARY LINE PAPERS. 4O7 

the particular Descripc'on in any future Comis'on for that province 
any more than in those for the Massachusets. 

But most certainly it can never be argued from a meer Ommission 
that his Majesty intended to overthrow a Judgm 1 & the Sense of his 
Predecessors with regard to the Limits of New Hampshire for 50 
Y rs before Nor is there the least Intimac'on thro the whole of the 
present Gov rs Comis'on that New Hampshire was to comprehend 
more than it did formerly 

But to beat New Hampshire out of this Argument The Settlement 
by Lieutenant Gov r Usher & Council soon after the Massachusetts 
present Charter Viz 1 1696 plainly declares their own Sense of the 
Boundarys which are run by the return of their Committee parrallel 
with the Courses of Merrimack agreeable to the Line we now Claim 

Objecc'on 4 — New Hampshire in their Reply further Object & 
strongly insist on the Instrucc'on to Governor Belcher — His Rec- 
ommendac'on & the General Courts passing an Act for setling the 
Boundarys & thence argue that it must from hence be supposed they 
never had been setled before. 

Answer — It's true the Lines were never marked out & so ascer- 
tained and therefore the Massachusetts made an Act to have that 
done according to the ancient Grants Settlement & Records & this 
is often the Usage between private Persons whose Boundary tho de- 
termined by their ancient Deeds or Agreem ts yet on a Controversy 
arising touching the Markings & meeting out such Boundarys leave 
it to indifferent Judicious persons to settle & make certain the same 
but thereby noways Forego any ancient well made Settlem 1 , & this 
is all that was designed by the afs d Act 

Besides this is Objecting ag 1 what appears upon Record & there- 
fore can be of no Weight 

Objecc'on 5 — The New Hampshire Committee Object & protest 
ag 1 our Evidences (Viz 1 ) That all our Witnesses were persons Inter- 
ested all of the Massachusetts being Tenants in Common to the Soil. 

Answer — This is no Objecc'on None of our Witnesses appearing 
to be Landholders Besides the little time allowed Us to procure our 
Evidences prevented our getting Persons in the other Governments, 
And two ancient Indians were summoned who lived all their days 
near & about the River, but tho spoke with could not be brought 
down in time & then the matter proved (Viz 1 ) the Name Merrimack 
was so known & acknowledged even by the New Hampshire people 
that we could hardly imagine any one of them would have pretended 
to deny what was so plain nor was one evidence produced to the 
contrary 

For as to the River being Merrimack even to the Crotch at Winni- 
pisiokee over & above what all the Evidences declare we ofTerr 



408 PROVINCE OF NEW HAMPSHIRE. 

I st — Ancient Evidences taken from the Natives who gave the 
Name & were best acquainted with the River its' Courses & Reaches 

2 dly — Ancient Deeds as first the Indians to Wheelwright 1629 
which also (if duly observed) shews the early knowledge of Merri- 
macks running Northerly So also the Deeds to Tyng & others where 
the River up as far as pennicook 30 Miles after the Turn Northward 
is called Merrimack 

3 d — Ancient Mapps of the Country printed in England must be 
well known there before the Settlem 1 1677 especially to the 2 Chief 
Justices Rainsforth & North who were then informed by the Massa- 
chusetts of the Course of the River 

4 thly — That New Hampshire Governm* themselves call the River 
Merrimack many Miles above the Turn at pantuckett as in the Grant 
of the Town of Chester N° 57 

5 thJ y — As Truth itself will always burst forth even from the Mouth 
of an Opponent so in the New Hampshire Answer N° 1 1. they called 
the River Merrimack from Winnipisiokee even to tJie Month at New- 
berry & describe it Page 34 as running 35 Miles Westerly & 55 Miles 
NortJicrly, & indeed almost always when they have occasion to men- 
tion the River they give it the Name w'ch it always had & ever 
will be called by. 

5thi y — a s the province of the Massachusetts on the Recommenda- 
c'on of the Com rs Agreed on the plan of Merrimack & presented it to 
the Court, So New Hampshire Governm* came into & agreed that it 
was a true plan of the Course or run of the Water from Winnepesio- 
kee to Newbury & from the plan on the face of it It appears to be 
Merrimack River to the Crotch. 

The Exception to the Witnesses cannot avail for supposing they 
were interested in the Soil that could not disqualify them as Wit- 
nesses where the Line of Jurisdicc'on was only on Trial — 4 thiy The 
New Hampshire Witnesses as to the Black Rocks are full as much 
parties as any the Massachusetts can bring. 

Ob'con 6 th — New Hampshire Comittee Object that the Course of 
the River Merrimack riming 50 Miles Nearest North Renders it 
Impossible to Suppose that a Line paralell with such a River should 
be the Northern Side of any province or Tract of Land. 

Answer I st — The same Difficulty Arose on the Determination & 
Judgm 1 passed on the Grant in the old Charter & yet those learned 
Judges who then Determined this Matter on a Solemn Argument & 
a full Representac'on of the Matter ^ticularly the Courses & 
Reaches of the River as Appears by the Representac'on finally 
adjudged such a parralell Line as far as the River Run to be the 
Boundary of that Colony now Incorporated with others without any 
Diminution or taking from it 



BOUNDARY LINE PAPERS. 4O9 

2 diy — Whatever little Difficulty may seem to arise on such a Con- 
struction It Vanishes when it is Considered that the King by his 
Grant Gives first all the Lands Extending from the Great River 
Merrimack on the North part to such a Certain Boundary on the 
South Surely then all the Lands lying on Merrimack & to the South- 
ward of it untill it comes to the other Boundary belongs to the Mas- 
sachusetts & as an Addition The King further Gives 3 Miles Nort- 
ward of the said River which plainly Intends 3 Miles of the other 
Side of said River as it runs but 

^diy — The ffact being truly Stated vizt That the Generall Course 
of Merrimack from the Bend to the Crotch with allowance for varia- 
tion running 15 Degrees or more than a point J to the west of the 
North fully resolves the Difficulty & makes all these Lands that lye 
within three Miles of the River on that Side truly & Liberally Lands 
to the Northward of the River & so must be within the New Charter 
Limitts 

^thiy — L e t New Hampshire Solve the Difficulty by their own 
Claim in which they make the Northern Line of their province a 
River Running in ffact & truth full as much Northerly as Merrimack 
& thence when the Charter gives a Line North westward they Inter- 
pret that to be a Line running North 2 Degrees & 2 west & makes 
it the Northern Boundary of their province Surely then those that 
can Reconcile the Difficulty of a Line riming North 2 Degrees & i 
west being a Northern Boundary may with much greater Ease Solve 
the Difficulty of a Line running Northerly 15 Degreee west 

^thiy — a plan of New Hampshire province bounded and prescribed 
as the Massachusets Claim according to the Course of the River 
makes the whole Evident & Removes every Doubt from all Unpreju- 
diced Minds for the Courses of Merrimack & Newichawannock run- 
ing near paralell to each other & about as far Northerly gives New 
Hampshire its full Compass & Extent (& this Clears up & Evidences 
the design & Intent of King Charles in both his Grants who from 
one & the same Reason (Viz 1 ) the River being a ffixed Unalterable 
Boundary gives to the Massachusets a Line Running paralell with 
the River Merrimack & knowing that River Turned and run Consid- 
erable Northward Chose from the other River Newichwannock the 
Northermost River from Piscataqua Harbour & which runs about 40 
Miles Northerly nigh parallel to Merrimack & to near the same Ex- 
tent for a Northern Boundary to New Hampshire 

Objecc'on 7 th — The new Hampshire further Object to our having 
Councill for Com rs where they Say they could not possibly have the 
advantage of able Lawyears 

Answer — This Objection is Ridiculous — ffor New Hampshire 
27 



410 PROVINCE OF NEW HAMPSHIRE. 

might Certainly have and as able Lawyers as any on the Continent 
of America & in ffact they had two as able Lawyers (viz 1 ) M r Atkin- 
son & M r James Jeffrys both Eminent pleaders & had they Needed 
•others they had time & Opportunity Enough to Engage other Gent, 
of the Law who were belonging to themselves & Generally Attended 
the Tryall 

8 th Obj'on — New Hampshire further Objected before the Com rs 
against the Courts Receiving as Evidence any Deeds Charters &c. 
that Related to the time of the Massachusets old Charter insisting 
they had no Relation to the present Controversy which Entirely de- 
pended upon the present Charter 

Answer — But New Hampshire have themselves furnished us with 
the Strongest Answer possible to this Obj'on by having themselves 
Produced before the Comm rs the Claims Set up and Defence made 
by the Massachusets Colony in 1677 and upon which that Determin- 
ac'on was made — Besides if the present Charter Comprehends all 
the Lands that were Included in the former Charter to the Massa- 
chusets Colony then this Determinac'on in One Thous d Six Hundred 
Seventy Seven has finally Settled this Question — And it is further 
of Consequence to Shew by Deeds and Grants how possession has 
gone and what has been the Opinion and Estimation of the Country 
— There is Likewise this further Clear Use to be made of the Deeds 
and Grants prior to the present Charter viz 1 to Evidence and Show 
that the River Merrimack was called and known by that Name up as 
far as We Contend for long before the date of the present Charter — 
A Matter of ffact which New Hampshire Denys and of which there 
Cannot possibly be Stronger or better Evidence than what Arises 
from Antient Deeds & by Wannalansets to Jon a Tyng dated 10 th 
Oct. 1685 the River is called Merrimack 6 Miles above Pennicook 
and the same thing Appears by severall other Deeds We therefore 
think this Objection can have no manner of Weight with it 

Observations on the New Hampshire Evidence 

Note — New Hampshire produced a Writt & Judgn^of the Mass : 
in 1733 between Carlton & Adams for Land lying within the Bounds 
of Kingstown which they Insisted lay within the pr° of New Hamp- 
shire & which they did to Show that the Courts of the Massachusets 
had Usurped a power over part of the province of New Hampshire 
by Trying the Title of Lands in New Hampshire at the Courts of 
the Massachusets 

But please to Observe that the Lands Sued for in this Action Ap- 
pear by the Record of the proceedings to lye in Havrill which let the 
Line run either as they or we Contend for is Undoubtedly within the 
Massachusets province as Clearly Appears from the plan. 



BOUNDARY LINE PAFERS. 411 

Besides it Appears from the Record that the plea to was 

Waived & the Cause tryed upon the Merrits by Consent and the Town 
of Havrill is an Antient Town Grant, by the Gov r of the Massachusets 
Settled and ever poss'ed by them — But if the Case had been other- 
wise It was but one Single Instance & the Act of a Single Court 
which can never be Considered as the Act of the Gov r & this Shows 
how Groundless the New Hampshire Clamours are of ever having 
Encroached upon their Line when they could find out only this 
Single Instance to give of it & that an Instance Clearly ag l them 
For whatever Grants the Massachusets had made prior to the Det n 
in 1677 Immediately after the Det n of the Massachusets made it fully 
Appear they withdrew all their Grants to any persons in any of the 
Towns in New Hampshire in Obedience & Conformity to the s d Det n 

Note likewise — New Hampshire produced an Order of theGov r 
& Councill of that province in the year 1726 by which a Com'ee were 
Appointed to go & forbid any ^sons possessing & Settling any of 
his Majestys Lands within the Limitts of New Hampshire under any 
Grant from the Massachusets at or near Pennycook — But 

Note — It does not Appear that any of the Massachusets Settlers 
at Pennycook were forbid to go on with their Settlements under this 
Order & which if it had been done must have Appeared in the Jour- 
nalls of the New Hampshire Counc 1 by the Return which the Com'ee 
must have made 

The Influence from which is very Strong in our favour is Clearly 
this that the Settlers there not going beyond the 3 Mile Line were 
not deemed by the New Hampshire Com'ee to be Encroachments or 
Settling on the Lands of New Hampshire Whereas if this Line was 
to be run as New Hampshire now Contend the Settling in any part 
of Pennycook tho even on the other side Merrimack was on the New 
Hampshire Lands And that it Appears by the afores d Act 7 Geo : 
2 di that the Massachusetts have made a Settlement there of 7 Miles 
Square & which has been Erected into a Town by Act of Assembly 
Confirmed by the Crown & that without any the least Objection 
from the New Hampshire people & which is the Strongest Evidence 
possible that New Hampshire themselves Considered this Settlement 
as in the province of the Massachusets & which it is Impossible it 
should be unless this Line is to run in the manner we Contend for. 

Note — New Hampshire likewise Examined 5 Witnesses in Order 
to prove that what the Massachusets Insist on concerning the altera- 
tion of the Mouth of Merrimack & that the Black Rock formerly 
made part of the Mouth is ffalse & a Misrepresentation of the ffact, 
But 

Note — What all these Witnesses Say is principally Negative that- 
they know of no Alteration at the Rivers Mouth & all they Say Af- 



412 PROVINCE OF NEW HAMPSHIRE. 

firmatively is that they have lately viewed the Rivers Mouth & that 
it Appears to them as it did ever Since they have known it & all 
these witnesses live at a Great Distance from the place they are 
Speaking of & it is no Great Wonder if they Should be Ignorant of 
what was so Gradually & Impracticably done as the Change of this 
Rivers Mouth Considering too that it was out of the way of their 
daily Observation 

Whereas we have by our Witnesses proved this ffact in the fullest 
manner possible & have Shewn the Occasion & manner of this Al- 
teration which by our Evidence Appears to be this — There was 
formerly a Shoal Spit of Sand Riming without the Mouth of the 
River on which the Sand Gathered by Degrees and Joyned itself on 
the North Side of the Rivers Mouth & our Witnesses too further 
prove in the Affirmative & in the Clearest manner possible that the 
Black Rocks were formerly on the North Side of the Mouth of the 
River & that there has been a Breach Raised within these 60 Years 
which they now mend Yearly whereby the Mouth of the River runs 
or is now near a Mile more Southward. 

Observe — New Hampshire Objects to our Witnesses on Ace 1 of 
their being Sworn twice & for that we had thereby an Opportunity 
to Conferr with them which Occasioned a Difference in their Evi- 
dence but the reason of their being Sworn a 2 d time Appears from 
the proceedings and was to Avoid all Disputes on Account of their 
Deposic'ons being brought into Court ready Wrote And that New 
Hampshire might have full Opportunity of Cross Examining them — 
As to Conferring with the Witnesses All partys are known to do 
that before the Witnesses are Examined & otherwise it would be Im- 
possible to be properly provided in any Case — Indeed was there any 
Matteriall Difference between the 2 d & the first Evidence that 
would be an Obj'on of Weight but there is no Instance of any Differ- 
ence in the Testimony of our Witnesses Save only that one of them 
makes 4 or 5 Years Difference to his Age Owing to a Mistake on 
that head in the Written Deposic'on which is not at all Matteriall 
One way or other 

We therefore hope the Lords will Determine in favour of the 
Curve Line contended for by the Massachusets 

We likewise hope the Lords will Vary that part of the Determina- 
tion of the Com rs by which they have declared that the Line is to 
run West till it meets with his Majestys other Governm ts & that it 
shall be directed to run but 60 Miles because that is the Utmost Ex- 
tent of Neiv Hampshire as fully Appears from the Reasons in our 
printed Case to which we will only add that Masons Grant of 1629 
Ends at 60 Miles from the head of Merrimack so New Hampshire 



BOUNDARY LINE PAPERS. 413 

Bounds ought to End there too & the Com rs Judgment should have 
Extended no further & what is more is against or without any Au- 
thority in the Comis'on 

With Regard to the Southern Boundary of the Massachusets or 
the Northern Boundary of New Hampshire 

As the Determinac'on of this Boundary Depends upon the Mathe- 
maticall Construction of the North Westward in the Massachusets 
Charter in Order that we might have the best Satisfaction possible 
how this Dividing Line ought to run upon the point of the Compass 
we laid the Charter before D r Halley & desired his Opinion how this 
Line ought to run Conformable to the true Naturall & Genuine 
meaning of the word North Westward & upon which the whole of 
the Que'on with regard to this Boundary will turn & accordingly D r 
Hally was so kind as to give us his Opinion upon it in the following 
words & which Opinion under his hand we have ready to produce 

The Opinion of Doctor Hally Astr Reg — 

li Whenever a Line is intended to be run North a Small Matter to 
" the West the Usuall Way of Expressing it is by the word North 
" Westerly or if Accuracy is Required as in Boundarys of Lands with 
u the Addition of how many Degrees it is to the Westwards of the 
" North but by North Westward is also Utiderstood to be meant a di- 
" rection tending into the North West or in the Middle between the 
"North & west. 

" Now the Com rs in favour to the pretences of New Hampshire 
" have been Willing to Understand North Westward as Synonimous 
" to North Westerly & in so doing have in my Opinion Comitted a 
" Manifest Absiwdity in making a North Line the Northern Boun- 
" dary which Cannot be any other in this Case but an Eastern Boun- 
dary to New Hampshire Whereas a North West Line Answers the 
" Intent of the Charter bounding it on the North. 

" Also in the Description of the Eastern Boundary in the same 
" Charter the like Expression is Used Viz* North East Ward from 
" the Mouth of Piscataqua Harbour to Sagadohock along the Sea 
" Coast Now it's Evident that that Tract of the Coast Runs nearly 
" due North East & not North 2 Degrees East these two things I 
"am of Opinion are little less than a Demonstration of the Intent of 
" the Charter 

" One thing more is left in the present Case Undecided whether 
" the North or North West are to be taken according to the direc- 
" tion of the Magneticall Compass or of the true Meridian there being 
" at this time in New England ab 1 a point Variation to the West 
" which will make a very Considerable difference in the Boundary 



414 PROVIN'CE OF NEW HAMPSHIRE. 

" Line as the One or the other is Applyed for two Degrees North 
" Westerly from the true Meridian will be no less than 9 North 
" Easterly from that of the Compass and the trice North West zvill 
" become North West by North by Compass 

Note we have likewise another Mathematician M r Warner who 
will Attend at the Hearing of this Matter to Offer his Opinion to 
their Lo'pps Viva Voce & who Entirely Agrees with D r Halley in 
every part of his Opinion tho We think there can be very Little Oc- 
casion for his being called to this point which must be very Clear to 
every one who has but the least Knowledge of the Mathematicks 

ffor every one knows there are 32 points in the Compass & that 
the 4 Cardinall points are East West North & South and that every 
Single point hath 1 1 Degrees 1 5 Minits so that from North to North 
West (which Contains 4 points of the Compass is 45 Degrees which 
to run upon a Streight Line for any Considerable Distance must 
make a Vast Difference between that and a Line to be run due 
North or two Degrees to the Westward or Westerly of the North. 

When any one Expresses a Line to be Run North Ward-South 
Ward-East-Ward or West-Ward every Body Understands by this 
a Line to be run due North due South due East or due West & it 
would be preposterous against a Common Sence to Understand it 
otherwise 

So Consequently for the Lesser points when the Line is Ordered 
to be Run North Westward It must by the same Rule be Understood 
to run Streight upon that point of the Compass direct which is the 
Naturall and Mathematical! Construction of it & cannot possibly be 
taken in any other Sence 

And from hence it Clearly follows that when a Line is Directed to 
be run North Westward that Line must run due North West & to 
say it shall be Run North 2 Degrees West is altogether ridiculous 
for one might as well Say it should be be at one or two Degrees west 
from the North point as 2 Degrees because in taking the word in 
that Sense it must be Indefinite & Cannot with Truth & Justice be 
Reduced to a Certainty 

We likewise Apprehend it's very plain from the Nature of the 
present Subject North Westward can mean Nothing but North West 
in this place for it's here Applyed in the Description of a Tract of 
Land & when the Description of the whole Boundarys are Compared 
— together & the sev 1 Terms of running up into the Land Crossing 
on the Land & passing along the Sea Shoar are Considered with this 
that the Sea Shore doth Actually lye North East & South West 
there the meaning of North westward will Appear with the Greatest 
Certainty to be as the Massachusets Contend for & that in a more 



BOUNDARY LINE PAPERS. 415 

Confirmed Way than any Equivalent Explanatory Terms from any 
of our Greatest Mathematicians can possibly give them for if the 
Line is to run North Westerly as the Com rs have Determined then 
this Line Instead of a Northern will be an Earnest \_Eastem~\ Boundary 
to New Hampshire Whereas a North West Line as D r H alley very 
justly Observes Bounds New Hampshire on the North And thereby 
Answers the Intent of the Charter And it is Difficult to Conceive 
how any one after having Consid d the whole of these Boundarys & 
Compared them with one Another can ever think that in the De- 
scription of this Square the Course of the two first men'coned Sides 
(viz 1 ) North Westward should mean North two Degrees westerly & 
North Eastward should mean North two Degrees Easterly — Or that 
they can Admitt of any other Construction than that Contended for 
by the Massachusets. 

We therefore Apprehend it to be Exceeding plain that the Com rs 
ought to have Determined this Line to run due North West 

We likewise Apprehend this Line ought not to have been directed 
to have been Continued till it meets with his Majestys other Gov- 
ernm ts but only till 120 Miles was finished for the Reasons menc'oned 
in our printed Case & for that the province of Main goes no further 
than 120 Miles & New Hampshire on that Side is Bounded by the 
province of Main 

Note — New Hampshire has Appealed from the Com rs Determin- 
ac'on of this part of the Line for that the Com rs have not given them 
the whole River of Piscataqua Insisting they have always had the 
Jurisdiction of the whole River & that they have built & maintained 
a ffort on the Massachusets Side of it 

We have fully Answered this Objection in our printed Case & ab- 
solutely Deny the truth of the ffact here laid down & New Hamp- 
shire have not made the least proof in Support of what they now Insist 
on & the words of the Grants are very Clear & plain with us And 
upon this ffact being Asserted in the New Hampshire Appeal which 
was the first time it was ever mentioned & therefore we could not 
Examine to it below the Massachusets got two Gent, of Great Credit 
to make the following Afifid 1 which we have Transmitted under the 
province Seal. 

Affid 4 Rich d Cutt Esq r & Capt. W m ffrost Sworn 13 th Dec r 1737 — 

That they were born near Piscataqua River & lived there all their 
days & are well Acquainted with the said River — that there are sev- 
erall Islands lying within the Mouth of the said River some of which 
lay nearest to the province of Maine & others Nearest to New Hamp- 
shire — That all those that lay nearest to the province of Maine & on 
the North Side of the Great SI dp Channel have ever since their Mem- 



4l6 PROVINXE OF NEW HAMPSHIRE. 

ory been accounted to belong to Kittcry in the province of Main and 
have paid Taxes there Except a Small Island called Clarks Island con- 
taining about 3 or 4 Acres on each Side of which runs a Ship Chanel 
That all the other Islands that lay nearest New Ha?}ipshire have bee?i 
Accounted to belong to New Hampshire and have paid Taxes there 

Note The said Richard Cutt lives at Kittery in the Massachusets 
province & Cap x ffrost is an Inhabitant of New Castle in New Hamp- 
shire 

Note by Comparing S r fferdinando Gorges Grant (which was 
plainly designed to Convey a Square Tract of Land with the Massa- 
chusets present Charter) there Appears to be a whole Line of the 
Bounds in Gorges' Grant left out of the Charter tho it seems to be 
necessarily Understood by the Terms Exprest in the Charter./ 



[Masonian Papers, Vol. 4. p. 166.] 

The aforewritten Exemplification (Consisting of Papers as Num- 
bred in the Margins of y e Sev 1 sides) contains a true Copy of the 
whole proceedings in the Controversy between the Provinces of the 
Mass a Bay & New Hamp r respecting their Boundary lines, which We 
Attest under Our hands at Hampton in New Hampshire this 19 th 
day of October In the Eleventh year of the Reign of Our Sovereign 
Lord George the Second by the Grace of God of Great Britain 
France & Ireland King Defender of the Faith &c, Annoq Dorn" 
I737- — 

V Commiss rs 



[Masonian Papers, Vol. 4, p. 167.] 

May it please your Lordships. 

In Obedience to His Maj tys Royal Commission under the Great 
Seal of Great Britain to us (and others) directed, appointing us Com- 
missi to Settle y c Boundary Lines between the Province's of the 
Mass a Bay & New Hampshire, we have in pursuance thereof met 
divers times at this place, (with others of y e Comm rs now absent) and 
fully heard both parties & duly Considered their several pleas Evi- 
dences & proofs to us produced, and made up Our Judgment & de- 
termination thereupon ; All which will fully and at large appear by 
y e Exemplification of the whole proceedings herewith Inclosed ; And 



BOUNDARY LINE PAPERS. 417 

as we Esteem it Our Duty (more especially as Our Judgm* or Deter- 
minac'on is Conditional in part) to lay the Same before his Most 
Sacred Majesty for his Royal Will & pleasure to be Signifyed therein, 
So we have Transmitted y e Same to Your Lordships for that purpose, 
and have Adjourned the Court to y e first day of August next, in Or- 
der to receive Any further Commands from His Majesty touching 
this affair, more particularly with respect to Stating & marking out 
Such Monuments & Boundaries as Shall be thought requisite, ac- 
cording as y e Boundary lines may be determined in His Maj tys Great 
wisdom. — We are with all due respect. Yo r Lordships 
Most Obed' & Most hum 1 Serv cs 
Hampton New England Eras: J: Phillips, 

October 19 th 1737. — Otho Hamilton 

John Gardner 
John Potter 
Ezek 1 Warner 
Geo: Cornell. 
The R 4 Hon ble the L ds Com rs for Trade & Plantations. 



{Extracts of Commissions^ 
[Masonian Papers, Vol. 4, p. 168.] 

William and Mary by the Grace of God, King & Queen of England, 
Scotland, France & Ireland Defender of the faith &c a To our trusty 
& well beloved Samuel Allen Esq r Greeting. — We reposing especial 
trust and Confidence in the prudence courage and loyalty of you the 
said Samuel Allen, out of Our especial Grace certain knowledge & 
mere Motion have thot fit to Constitute and appoint, and by these 
presents do constitute & appoint you the Said Samuel Allen to be 
Our Governour & Commander in Chief of all that part of Our prov- 
ince of New Hampshire within our Dominion of New England in 
America, Lying & extending it self, from three miles northward of 
Merrimack River or any part thereof, unto the Province of Main 
with the south part of the Isles of Shoals. — 

Copy of an intire paragraph in the late Governor Allen's Commis- 
sion bearing date the first day of March in the fourth year of King 
William & Queen Mary. — 

Certifyed f Rich d Waldron Sec^ 

William the third by the Grace of God, of England Scotland 
France and Ireland King Defender of the faith &c a 

To our Right trusty, & right well beloved Cousin Richard Earl of 
Bellomont Greeting. — We reposing especial trust and confidence in 



41 8 PROVINCE OF NEW HAMPSHIRE. 

the prudence courage and loyalty of you the said Earl of Bellomont, 
of Our especial grace certain knowledge & mere motion have tho't 
fit to Constitute and appoint, and by these presents do constitute and 
appoint you the said Richard Earl of Bellomont to be Our Governor 
and Commander in Chief of all that part of Our province of New 
Hampshire within Our Dominion of New England in America, Ly- 
ing and Extending it self, from three miles Northward of Merrimack 
River or any part thereof unto the Province of Main, with the south 
part of the Isles of Shoals — 

Copy of an intire paragraph in the late Earl of Bellomont's Com- 
mission bearing date the Eighteenth day of June, in the ninth year 
of William the third — 

Certifyed f Rich d Waldron Sec r >' 

Ann by the Grace of God of England Scotland France and Ireland 
Queen, Defender of the faith &c a 

To our trusty and well beloved Joseph Dudley Esq 1 ' Greeting. — 
We reposing special trust & confidence in the prudence courage and 
loyalty of you the said Joseph Dudley, out of Our especial Grace 
certain knowledge and mere motion have tho't fit to Constitute and 
appoint and by these presents do constitute and appoint you the said 
Joseph Dudley to be our Governour & Commander in Chief of all 
that part of Our Province of New Hampshire within Our Dominion 
of New England in America, Lying and Extending it self from three 
miles northward of Merrimack River or any part thereof unto the 
province of Main with the south part of the Isle of Shoals. — 

Copy of an intire paragraph in the late Governor Dudley's Com- 
mission dated the first day of April in the first year of Oueen Ann 

Certifyed f Rich d Waldron Sec r y 

George by the Grace of God, of Great Britain, France & Ireland 
King, Defender of the faith &c a — To our trusty and well beloved 
Samuel Shute Esq r Greeting. — 

Whereas We did by Our Letters Patent, under our Great seal 
of Great Britain bearing Date at Westminster the seventeenth day 
of March in the first year of our reign Constitute and Appoint our 
trusty and well beloved Elizeus Burges Esq r to be Our Governor & 
Commander In Chief, of all that part of our Province of New Hamp- 
shire within our Dominion of New England in America Lying and 
Extending it self from three Miles northward of Merrimack River or 
any part thereof unto the Province of Main with the south part of 
the Isles of Shoals for and during our pleasure, as by our said recited 
letters patent relation being thereunto had may more fully and at 
large appear — 



BOUNDARY LINE PAPERS. 419 

Now know you that We have Revoked & determined and by 
these presents do revoke & determine our pleasure aforesaid, and 
Every clause Article & thing in our said Recited Letters patent con- 
tain'd & thereby granted. — And further know you, That We re- 
posing Especial trust & Confidence in the prudence courage and 
loyalty of you the Said Samuel Shute, of our Especial Grace certain 
knowledge & mere motion have tho't fit to Constitute & appoint, and 
by these presents do constitute and appoint you the Said Samuel 
Shute, to be Our Governor & Commander In Chief, in and over all 
that part of our Province of New Hampshire within our Dominion 
of New England In America, Lying and Extending it self, from three 
Miles northward of Merrimack River or any part thereof, unto the 
Province of Main, with the south part of the Isles of Shoals. — 

Copy of Several Paragraphs in the late Governor Shutes Commis- 
sion bearing date the fifteenth day of June in the second year of 
George the first. 

Certifyed f Rich d Waldron Sec r y 

George the second by the Grace of God, of Great Britain France 
and Ireland King, Defender of the faith &c a To our trusty and well 
beloved William Burnet Esq 1 " Greeting. — Whereas our late Royal 
Father of blessed Memory, did by His letters patent, under His 
Great Seal of Great Britain, bearing date at Westminster the fif- 
teenth day of June in the second year of His Reign constitute and 
appoint Samuel Shute Esq r to be Governor & Commander in Chief 
of all that part of His province of New Hampshire within His Do- 
minion of New England in America Lying and Extending it self 
from three miles northward of Merrimack River or any part thereof 
unto the province of Main with the south part of the Isles of Shoals 
dureing his will & pleasure, as by the said Recited Letters Patent 
(relation being thereunto had) may more fully and at large appear ; in 
which said office by virtue of the Statute in such case made & pro- 
vided, the Said Sam 1 Shute was continued for the space of six months, 
from the time of the demise of Our said late Royal Father, and by 
virtue of our Royal proclamation for that purpose Issued bearing date 
the fifth day of July in the first year of Our Reign he is continued 
until our pleasure be further known or other provision be made Con- 
cerning the said office Now know you that We have revoked & de- 
termined and by these presents Do revoke & determine the Said 
Recited Letters patent and Every clause Article and thing therein 
contain'd and him the Said Samuel Shute We do remove from the 
said office by these presents — And further know you that We 
Reposing especial trust & confidence in the prudence courage and 
loyalty of you the said William Burnet, out of Our Especial Grace 



420 PROVINCE OF NEW HAMPSHIRE. 

certain knowledge & mere motion have tho't fit to constitute & ap- 
point, and by these presents do constitute and appoint you the Said 
William Burnet to be our Governor & Commander in Chief of all 
that part of our province of New Hampshire within our Dominion 
of New England in America Lying and Extending it self from three 
miles northward of Merrimack River or any part thereof unto the 
Province of Main with the south part of the Isles of Shoals during 
our will & pleasure. 

Copy of Several Paragraphs in the late Governor Burnets Commis- 
sion dated the seventh day of March in the first year of His present 
Majesty's Reign — 

Certifyed <$ Rich d Waldron Sec^' 



[Extract from Gov. Belcher s Commission^ 
[Masonian Papers, Vol. 4, p. 169.] 

George the second by the Grace of God of Great Britain France 
and Ireland King Defend 1 of the faith &c a To Our trusty & well 
beloved Jonathan Belcher Esq r Greeting — Know you that We re- 
posing especial trust & Confidance in the prudence courage and loy- 
alty of you the said Jonathan Belcher of our Especial Grace certain 
knowledge and mere motion, have tho't fit to Constitute & appoint, 
and by these presents do constitute and appoint you the said Jona- 
than Belcher to be Our Governor and Commander In Chief of our 
province of New Hampshire within our Dominion of New England 
in America — 

And We do hereby likewise give and grant unto you, full power 
and Authority, by & with the advice of Our said Council to agree 
with the Inhabitants of Our Said province for such lands tenements 
& hereditaments as now are or hereafter shall be in Our power to 
dispose of and them to Grant to any person or persons for such terms, 
& under such moderate Quit rents services Acknowledgments to be 
thereupon Reserved unto us as you by and with the advice aforesaid 
shall think fit, which said Grants are to pass and be sealed by our 
Seal of New Hampshire, and being Entered upon Record by such 
Officer or Officers as you shall Appoint thereunto shall be good & 
Effectual in Law against Us our heirs & Successors. — 

Copy of two Intire paragraphs in the Commission of King George 
the second to Governor Belcher bearing date the twenty Eighth day 
January in the third year of His Majesty's Reign — 

Certifyed ^ Rich d Waldron Sec 1- ? 



BOUNDARY LINE PAPERS. 421 

[Memoranda of Dates and Events.'] 
[Masonian Papers, Vol. 4, p. 170.] 

memorandums — 

Colony of y e Mass a Bay Erected into a Corporation Gov mt in 4 th 
year of King Charles y e first y e 4 th day of march 1628 — 

Prov s of Main erected 1639 by D° 

Commissioners Court for Settling Boundaries between y e Prov s of 
Mass a Bay & N : Hampshire sot Aug: 1737 

Kingston Charter granted by Leiu* Gov 1 " Usher in y e Sixth year of 
y e Reign of William & Mary anno Domini 1694 — 

King James 3 d day Nov r 1620 -in y e 18 th year of his Reign Granted 
to y e Council of New England 85 their successors & assines y l part of 
y e main Land in america lying between y e degrees of 40 & 48 north 
Latitude to be held after y e manno of East Greenwich in y e County 
of Kent & ca & ca - which Council by Several grants bearing date 9: 
march i62i~7 th Nov r 1629:22 April 1635. Instated in fee sundry 
great Tracts of Land in new England by y e name of new Hampshire — 

King Charles y e first granted to S r Ferdinando Gorges y e Province 
of Main & y e Government thereof in y e 15 th year of his Rign 

Chester Charter was granted by Govern 1 " Shute y e 8 th of may in y e 
8 th year of y e Reign of Geo: y e first 1722 

Government of New Hampshire was by King Charles y e Second in 
ye ^! st year f hj s R e ig n Erected and Constituted to be by a Presi- 
dent and Council and John Cutts was appointed y e first president 

London dery Charter was granted Gov 1 " Shute 21 day of June, 1722 - 

Towns Bounds Settled by a Committee Dec r 4 th 1768 — 



[Expenses of Commission, 1737.] 
[Mss. Prov. Boundaries, p. 130.] 

An Accompt of The cost of y e Commission under the Broad Seal 
appointing Commissioners to Settle the boundery lines between His 
Majestys Provinces of New Hampshire and The Massachusetts bay 
and the Expences of the Commissioners in Executing the Same viz 1 

To The cost of said Commission in Sterling money . ,^1 35 : 4: 6 
Exchange on ditto @ 450 ^ c l . . . . . 608:10: 3 



To cash paid Benj a Acremen for fetching y e Com- 
mis° from Boston ...... 

To cash paid for a Trunk to keep y e Comis° and 
papers in ...... 



£743' H' 9 
6.. 10.. — 

1.. 10.. — 



things - 



422 PROVINXE OF NEW HAMPSHIRE. 

To d° p d for 5 quire paper for y e clerks . . ^i..io.. — 

To cash paid M r Harvey per Ace 1 for entertaining ) , 

the Commissioners ..... j /• 5- 

To Chaise hire for the Commissioners and Trans- j « 

porting some of their things J 

To cash paid M r Pray for Lodging and entertaining 1 fi 

y e Commission 1 " 5 ...... j 

To cash paid M r Syms par Ace 1 for d° . . 15 : — .. — 

To cash paid horse hire for Comissioners . 5.. 

To cash paid Maj r Joshua Wingates's ac 1 of Enter- 1 

tainment for y e Commissioners while att Hamp- V 280: 5. 6 

ton — . J 

To cash paid M r Edmond Rands bill for keeping y e ) 

Commissioners horses ..... J 

To cash paid M rs Lovells bill for Lodging the Com- ) . _ 

missioners, &c — ..... j 4 ' 

To cash paid Jeremy Libby for keeping the Com- ) -? • _ 

missioners horses ..... \ j- • 

To cash paid John Browns bill for the expences of ^) 

Commissioners when they first opened the Com- > 25. 8. 7 

mission — ....... J 

To cash paid Edward Pendexter his Bill for trans- ) 

porting the Commisioners goods to Hampton ( 

To cash p d Sam 1 Marsten for Ditto — . . 2.. — ..— 

To cash p d Moses Ingram his bill for entertaining 1 ( - 

M r Skeen while at York .... J 9- • 

To cash paid Shooing Commisoners horses . 1:4: — 

To The expence of a schooner & other charges arris- ^ 

ing in conveying the Commisioners from Annop- V 103. 8. 7 

olis- ........ J 

To cash paid Cap 1 Donnel for bring 2 commision- 1 

ers from Annopolis ..... j 

To Cash paid Sam: Lovets bill for keeping y e Com- ) >- 

missioners horses ..... \ 

To cash paid M r Mackins Shaving the Commission- I 

ers — . . . . . . . . J 

To cash paid M r Lamprey Transport 5 commisioners ( 



2 : 10 



25..— 



— 10.. — 
2.. — 



^£1297: 8: 4 

Geo. Jaffrey ") 

Jotham Odiorne 

Theodore Atkinson ^ 

a j r «r • 1 Committee 

And r Wiggin 

Tho s Packer 

James Jeffry 



BOUNDARY LINE PAPERS. 423 

\_Letter on Boundary Line Question, 1737.] 
[Farmer's Town Papers 2-3.] 

Boston Sept r 29, 1737 — 

Sir In Answer to yo r letter publish'd in y e Boston Gazette the 
19 th Instant It has been rumourd some people have boasted before the 
putting off of their harness, but I can't learn There is any Real 
danger of our Charter's shaking, or Sufficient reason for the poor 
Country People being frighted. It is not worth while to say any 
thing of those or of their purposes who never intended to return 
from the Seige of Troy til they had accomplished a victory no nor 
whether they who carry on y e Charge cf war nor of y e Matter of oral 
Argumentation These things are not much to y e Main point it is 
Certain, the N H Agents have given under their hands (in their 
Claim) That their prov : lyes principally between that which was 
formerly the Collony of the Mass a Bay & the Tract of land Then 
Call'd the Province of Main which are now incorporated into one 
Province by the Charter of King William & Queen Mary, and that 
the Court have determined, If the Charter of K W & Q M grants all 
the lands which were granted by the Charter of K C y e I st that the 
line Shall Run parallel w th the River &c a from whence tis plain & y e 
Court made a doubt on a point w ch the Agents of New Hamp r had 
determined ag st themselves & by which they are forever Estopped 
from having any other line than what our Agents have offered 'em 
unless by Composition, or y e Mere condescention & allowance of our 
Gen 1 Court, but to wave y e point w ch thro precipitancy and a too 
great dependency upon certain as well as swift Success they have 
given up, you may plainly descern from the plain words of the Char- 
ter that you are safe, unless you Should be offered in Sacrifice to ap- 
pease the wrath 

The question in y e Judgment is 
Whether the New Charter grants all the lands that ye old did and if 
yea Then the line is to be as Mass a asks it if nay, then as New 
Hamp r asks it I answer in the Affirm a y t y e New grants y e all y e lands 
that y e old did 

1. The New Charter Says the Colonys Commonly called or known 
by the name of Mass a &c we incorporate now what was commonly 
calld & known by the name of Mass a was denominated so from being 
comprehended in the old Charter Ergo 

2 The New Charter says 18 Councell rs Shall be Annually chosen 
of the Inhabitants of or proprietors of lands within the Territory 



424 PROVINCE OF NEW HAMPSHIRE. 

formerly called the Col° of y e Mass a Bay — Now if the New Charter 
does not grant all the lands w ch the old did, then 18 Councell rs may 
be Chosen to serve in y e Mass a Governm* w ch have no lands nor are 
Residents within the Same — 

3 The New Charter says the Gov 1 " & Gen 1 Assem y may make & 
pass any Grants of land lying within the bounds of the Colony for- 
merly called y e Colony of y e Mass a Bay in Such manner as heretofore 
yy might have done by virtue of any former Charter or letters 
patent 

[Endorsed] Answer to Rumford letter 
[In handwriting of Richard Waldron.] 



[ Vote of Council and House, 1 737.] 
[Mss. " Town Boundaries " p. 99, and Mss. Prov. Boundaries p. 150.] 

Whereas the Province of the Massachusetts-bay has Entred their 
Appeal against the Judgment of the Hon ble the Commison rs in the 
Affair of the Lines and for Defending the Same : and for prose- 
cuting that affair on the Part of New Hampshire before his Majesty 
in Council. 

In the House of Representatives. — 

Whereas John Tomlinson of London Esq r hath hitherto as 
Agent, managed that Affair w th extraordinary care and Diligence. 

Voted That the said Jn° Tomlinson be and is hereby desired and 
impower'd to carry on that Affair as Agent for the Province of New 
Hampshire before His Majesty in Council 

gbr ji-th 1737 James Jeffry Clark Assem ly 

gbr j^th 1737. sent up for Concurrence 

In Coun 1 Oct r 17, 1737 

Whereas This Board has never been Acquainted in form that the 
Mass 3 has appealed, nor, that M r Tomlinson has hitherto managed 
the affair of the line with Such Extraordinary care as is mentioned in 
the above Vote ; And besides the Said M r Tomlinson neither is, or 
ever was An Agent for this province and Forasmuch as the Council 
are of opinion, that it is not for the interest of this province Either 
to Appeal, or defend ag st any appeal, made or to be made from the 



BOUNDARY LINE PAPERS. 425 

judgm* of the Hon ble Commissioners but that it is best humbly to 
submit the Matter as it now stands to His Majestys Royal pleasure 
Therefore Voted a noncurrence with the above vote 

R W Sec r y 



\_Vote of N. H. House Proposing Subscriptions, 1737.] 
[Mss. Prov. Boundaries, p. 154] 

Whereas the Hon ble Commiss rs has now made an End of their 
Court : and Made up y r Judgm* & final determination, from which the 
Province of the Mass a Bay has fil'd their Appeal in form : and this 
Province of New hamps r (that is the Committee by direction of the 
House of Representativs) has fil'd their Exceptions to what they tho* 
convenient And whereas the affaire has been attended with great 
Expence and this House has Endeavour'd to Raise Money on the 
Publick But the Councill will not come into Raising any money : or 
to prosecute any Appeal or Exception : or Deffend ag t the Mass a ap- 
peale : But that the affaire may not now fall thro, affter so much Ex- 
pence : and so faire a prospect of obtaining our desiers this House 
has tho* fitt to appoint and Authorize the Committee that has Man- 
naged that affaire before the Commiss rs to transm 1 the Coppys of the 
Case home to the agent and to prosecute and defend the same to 
finall Conclusion before his Maj tie in Councill, & since that the Coun- 
cill will not Come into any Measurs to Raise money to Carry on that 
affaire nor to pay what is already Expended : 

Therefore this House thinks it verry Reasonable to Recomend It 
to the Severall Towns in this Province for the Inhabitants to Con- 
tribute what they please to carry on the affaire before his Maj tie in 
Councill (which they may put into the hands of some of their Inhab- 
itants to be paid said Committee for the use affore Said) : and that 
an account be Keept of Each Mans subscription that if the publick 
Shall hereafter pay the Charges Each ^son may & shall receive his 
Money againe : or some other ample Satisfaction 

By Order of the House James Jeffry Cle r Ass m 

8 r 20 th 1737 



426 PROVINCE OF NEW HAMPSHIRE. 

[ Vote of N. H. House about Payment of Expenses, 1737.] 
[Mss. Prov. Boundaries, p. 153.] 

In the House of Representativs 

The above vote of Council Read: And find the Councill By this 
vote and a former has Seem'd to make Provision for payment of the 
Hon ble Commiss 15 for Each clay of their being in the Execution of 
their Commission for settling the Lines : and in Neither of the votes 
taken any Notice of their Charges, and payment to any of the Clerks 
Surveyor Dore Keeper &c a Which the Judgrm" of the Said Commiss rs 
Says Shall be Equally Born by the Respective Provinces, and whereas 
there are votes of this House that have ben Some time with the 
Councill which Makes Provision for payment, as well of the Officers 
as Commiss rs : and all money Bills first proceeds from this House : 
according to all Parliamentary proceedings therefor this House Non- 
concurs the above Vote of the Councill ; and adhers to their own 
Votes for the Raising Money for the paym 1 of the Commiss rs (who 
are gon before the above Vote of Councell Came to the House) & 
for paym* of the officers & Charges arising by Entertaining s d Com- 
miss" &c a 

gr 20 th j ^ 07 James Jeffry Cle r Ass m 



\Letter to Samuel H olden of London, 1737.] 
[Mass. Archives, Vol. 52, p. 462.] 

Honourable Sir, 

There are so many instances of Yonr kind disposition toivards this 
Province, and Yon having been pleased to signify to us such a readi- 
ness to assist us and consult Our interest on any Emergency, when you 
declined our choice of you into the Agency — We hope, it will not be 
thd t presuming^ to ask your favour and help in the Controversy be- 
tween this Province and New Hampshire, concerning the Boundarys 
or Lines between them ; It is an affair of very great Consequence to 
us, for the Claim of New Hampshire is so Extravagant, that if they 
should Succeed We should lose more than One third of what We al- 
ways have, and now do Judge, belongs to this Province, and which 
We have in great part Granted to Particular Persons or for Town- 
ships. 



BOUNDARY LINE PAPERS. 427 

The General Court have for this Important Affair, Chosen the 
Honourable Edmund Quincy, Esq r a member of the Council here, 
and One of the Justices of the Superiour Court, and Richard Part- 
ridge Esq r of London, to be Joynt Agents with Francis Wilks Esq r . 
Colonel Quincy will give you full information in this Matter, in 
which he was an Agent for the Province when the Matter was Pleaded 
before the Kings Commissioners here. — 

We Doubt not but You will be so Particularly informed by the 
Agents, as to see the Justice of Our Cause, And as the Right is 
most undisputably with Us, so it is of great consequence to Our 
future tranquility and peace, that the determination by His Majesty 
in Council, be in Our favour. 

We are so Assured that Justice and Equity are with Us, that Our 
great Concern is, that the Cause may be fully Opened and Under- 
stood, in forwarding which and in removing any difficulty in the way 
of it, We are very desireous of Your Assistance. 

In Council, Dec. 28, 1737; Read & Accepted with the Amendm* 
Sent down for Concurrence J Wizard Sec'ry 

In the House of Rep tives Dec r 28 th 1737 

Read and Concurr'd J Quincy Sp kr 

Consented to, J Belcher 

[The amendment is in the hand-writing of Secretary Willard, and 
is offered as a substitute for the section in Italics, as follows : ] 

Forasmuch as you have given so many Instances of your kind Dis- 
positions towards this Province & were pleased when you declined 
our Choice of you into the Agency to signify to us your readiness to 
assist us & consult our Interest in any Emergency, we are induced — 



{Petition from Inhabitants of New Hampshire, 1737/8.] 
[Mass. Archives, Vol. 5. 197.] 

To the Right Hon ble the Lords Commiss rs for Trade & Plantations 

May it please your Lordships — 

We the Subscribers his Majestys Dutifull and Loyall Subjects of 
his Majestys Province of New Hampshire in New England most 
humbly Crave Leave to Remonstrate to your Lord ps that notwith- 
standing the repeat d Endeavours of his Majestys Government to have 
the Boundary Lines between this & y e Governm 1 of the Massachu- 
setts settled and determined, yet the controversy still Subsists to y e 



428 PROVINCE OF NEW HAMPSHIRE. 

great Detriment Disquiet & allmost Ruin of many of us who have 
already settled & made Improvements to y e discouragement of all to 
whom Lands near our Supposed Line have been granted by this his 
Majestys Govern m l who have for many Years & continue still to be 
harrassed by people of y e Massachusets by Contentious Law suits 
commenc'd against some for Entring upon and Improving Land 
Granted to them many Miles to y e Northward of our Line which we 
apprehend to begin three Miles to the Northward at the Mouth of 
Merrimack River and from thence a West Line into the main Land 
some have been arrested more than ten Miles to the Northward of 
that Line & Draged out of their dwelling by the hair of the head Im- 
prison'd try'd & Condemned in great Costs In y e Courts of y e Mas- 
sach ts & Ejected out of their possessions & Improvements & lately 
an house Erected for y e Publick Worship & Defence, Pull'd down & 
Burnt & those Lands Granted by the Massachu ts to others of his 
Majestys Subjects there, since the Grants of this Government, 
Wherefore we most humbly pray Your Lordships favour that our dis- 
tressed Circumstances may be presented to his most Gracious Maj- 
esty & Addressed that out of his Abundant Goodness, Clemency & 
Justice he would Interpose and give his Royall Orders that the 
boundary Lines in Dispute between the two Provinces be Assertained 
& Determined & Our great Grievances Redressed as in His Great 
Wisdom shall seem meet & your Petitioners shall as in Duty Bound 
every Pray. Exd Coppy 

Sign'd by One hundred & four Persons Inhabitants. — 
With Seven more Petitions Intituled as Inclos'd in y e same words 
with y e foregoing 



[Petition of N. H. House to King against Gov. Belc/ier.~] 
[Mss. Prov. Boundaries, p. 116.] 
To His Most Excellent Majesty 

The humble Petition of your Maj lies most duty full and Loyall Sub 
jects the House of Representativs of your Maj ties Province of New- 
hampshirc in New P3ngland Most humbly Sheweth. 

That the many & great Encrochments, made by the Massachusets 
Goverment by Extending Jurisdiction and Property over great part 
of this your Maj ties Prov e of N Hamp r togeather with their Commenc- 
ing Severall Law Suits ag l ^sons that Lived ten or twelve Miles to 
the North of any part of Merrymack River tryable at the Courts of 



BOUNDARY LINE PAPERS. 429 

the County of Essex in S d Mass a and Draging them into their Pris- 
ons & condemning them in Excessive Cost and Charges, for pre- 
tended Trespasses on the Land they Live upon there as also that 
Goverments Selling and Granting Land many Miles within this 
Province Incited the Ass m of this your Maj ties Province, to Vote John 
Rindge Esq r an Agent to be employed in behalfe of this Govern^ to 
Represent the affaire and Petition your Maj tie that the Long depend- 
ing Controversie about the Boundarys of the Provinces Might be De- 
termined, as in your great Wisdom Yo r Maj tie Should Direct, But 
because the Said John Rindge Esq r (as we humbly Apprehend) was 
not acceptable to his Excell cie Gov r Belcher a Majority of the Councill 
disagreed to the Vote, And the Said Councill and Assem y , not agree- 
ing upon a Suitable ^son, The House of Representatives being sen- 
sible that it was the Great Desier of the People they Represented, 
that the Boundaries between the two Prov es Should be Settled, and 
the Suffering Borderers neare the line Relieved & Quieted in their 
Possessions : The House of Representatives voted the Said John 
Rindge Esq r , to be theire Agent for the Purposes affore Said, who 
did Repaire to Great Brittaine & Petitioned yo r Maj tie , that the Boun- 
dary Lines of this & the Mass a Province might be Setled & fixed. — 
In Consequence of which yo r Maj lie was Gratiously Pleasd in Coun- 
cill to Order a Commiss n under the Great Seal Appointing Commiss rs 
to determine and fix the Boundarys here upon the Spot who in Obe- 
dience thereto met on the first day of August, when this Province 
made & put in their Demand, (tho the Mass a did not put in theirs 
until the tenth, notwithstanding it was yo r Maj ties Express direction, 
that the Demands of both Provinces Should be made and put in the 
first day of the Commiss rs meeting) after the Considering the De- 
mands of Both Prov s , on the Second day of Sep* last, the Said Corn- 
miss 1 " 5 Published their Determination a Coppy of which is humbly 
presented herewith, from which this your Maj ties Province would have 
appealed to your Maj tie in Councill : being agrieved thereby, because 
that the Black Rocks mentioned therein, from whence three Miles 
North the southern boundary is to begin is Neare a Mile from the 
Mouth of Merrymack River and about three Quarters of a Mile North 
of it where it Empties it Selfe into the Atlantick Sea or Ocean, By 
which Means this Your Maj ties Province Looses three Quarters of a 
Mile throughout the whole Length of it upon a West Line, for it is 
humbly conceived that the Southern Boundary of this Province Ought 
to begin three Miles North of the Mouth of Merrym k River and from 
thence to Run West : And the Northern Boundary by the Said De- 
termination, or Judgment is to be the Midle of Piscataqua River : 
Whereas all the River has always been within the Jurisdiction of 



43° PROVINCE OF NEW HAMPSHIRE. 

Newhampshire Goverm 1 and the Mass a never pretended to Claime it. 
But So it is. 

His Excell y the Govern 1 " did not give this Province an oppertunity 
to make an Appeale as is Directed in Said Commiss" for within three 
Hours after the Judgm* & Determination of the Commiss rs was Pub- 
lished, the Gov r Proroug'd the Gen 11 Ass m of this Province (who were 
Sitting ab 1 two Miles Distant from the Commiss rs Court, to the verry 
day before the Commiss rs were to meet to Receive the appeal of the 
Province agrieved, and before a Copy of the Judgment could be ob- 
tained which Sudden Prorogation and so Short a time before the 
Commiss rs meeting, this yo r Maj ties Province is Strip'd and Debar'd 
Makeing and Entring an Appeal according to your Maj ties Most Gra- 
tious Indulgence in the Said Commiss 11 , and at the Same time the 
Govornour continued the Great & Gen 11 Court of the Mass a Bay Sit- 
ting Severall days to consider & Resolve on the Appeal, They then 
Voted to make : and then He prorogued them to two dayes before 
the Commiss rs meeting to receive it ; And we most humbly Crave 
Leave further to Remonstrate to your Most Excellent Majesty that 
the Charge and Expences of the affore Said John Rindge Esq r in 
prosecuting this affaire of the Lines in the obtaining the Commiss 11 
under the Great Seal and taking it out has been carryed on by him 
selfe and Some other well disposed to the Interest of this your Maj ties 
Goverment & Province for no Money could be obtained from the 
Governour & Councill untill Last April the Gen 11 Assembly granted 
a Small Matter, not one fifth part of the Sume advanced, altho the 
Representatives often Voted Money for that purpose, their votes 
were always Disagreed by a Majority of the Councill, and Even while 
the Commiss rs were Sitting in pursuance of yo r Maj ties Royall Com- 
miss 11 & putting it in Execution the House of Represenatives voted 
a Small sume for their Expences, a Majority of the Councill disagreed 
thereto tho they were Sensible y 1 what was granted before for the 
Reception and Entertaiment of the Commiss rs was not half Suffi- 
cient for that purpose they having been wholly at the Charge of this 
Province — which Conduct of the Said Councillours we humbly Ap- 
prehend was wholly owing to the very great and undue Influence of 
the Govorn r over them, who are dependant upon him for Posts of 
Honour and Profit he had promoted them to. 

The Governour Neglecting to propose to the Councill and Assem- 
bly to Choose publick Officers, on whom or at whose place of abode 
the Determination of the Commiss rs Should be Served or left : untill 
ten days after the first Meeting of the Commiss 1-5 whose names ought 
to have been Sent to them the first day, by which means this Province 
might have been proceeded ag l Ex parte agreeable to the Tenour of 



BOUNDARY LINE PAPERS. 43 I 

the Commiss 011 The Discouraging & not granting Money for Carrying 
on the Important affaire of Setling the Boundaries of the Province, 
& not giving time & oppertunity to the Gen 11 Ass m to Consider of 
and prepare an Appeal from the Judgment and Determination of the 
Commiss rs We humbly Apprehend to be a Great grievance, and most 
humbly Intreat Your Maj tie in Councill will gratiously be pleased So 
to Order as that the Judgment and Determination of the Comiss rs 
may not be wholly Approved of By your Maj tie Nor the Govornours 
conduct in this affaire be detrimentall to your Maj ties Most duty full 
and most Loyall Province of N Hamp r But that the southern Boun- 
dary thereof may be fix'd, to be a West Line from 3 mile North of 
the Middle of the Mouth of Merrymack River where it Empties it 
Selfe into the Atlantic Ocean : and Continued untill it meet your 
Maj ties other Goverments to the Westward and that on the north 
part the River of Piscataqua may Remaine fully to the Province of 
New hampshire as formerly 



\Order on N. H. Petition against Gov. Belcher, 1737/8.] 
[Mss. Prov. Boundaries, p. 105.] 

At the Council Chamber Whitehall the 7 th Day of February 
1737- 

By the Right Honourable the Lords of the Committee of Council 
for hearing Complaints from the Plantations. — 

Whereas by Order in Council of the 6 th of this Instant there stands 
referred to this Committee the humble Petition of the Representa- 
tives of His Majesty's Province of New-Hampshire in New-England 
complaining of the Proceedings of the Governour of that Province for 
several years past, and particularly with Regard to the executing 
His Majesty's Commission for settling the Boundaries between the 
said Province & the Province of the Massachusetts Bay, & humbly 
praying, that His Majesty would be graciously pleased to receive 
from their Agent John Thomlinson Esq 1 " the Proofs of the several 
matters therein alledged, & such further Informations as may be neces- 
sary to set their melancholy Circumstances in a true light, & that His 
Majesty will be pleased to grant them such speedy Relief, as in his 
Royal Goodness shall seem meet : Their Lordships this Day took 
the same into Consideration, & are thereupon pleased to order, that 
the said Petition (a Copy whereof is hereunto annexed) be transmit- 
ted to Jonathan Belcher Esq r His Majesty's Gov r of the said Province 



43 2 PROVINCE OF NEW HAMPSHIRE. 

of New-Hampshire, who is hereby required to return his answer there- 
unto in writing to this Committee with all convenient Speed. — 



[Petition of Jonathan Belcher against John Rindge, 1737/8.] 

[Mss. Prov. Boundaries, p. 107.] 

To the King's Most Excellent Majesty in Council — 

The Memorial of Jonathan Belcher in behalf of his Father Jona- 
than Belcher Esq Your Majesty's Gov r of the Province of New-Hamp- 
sh r in New England — ■ 

Most humbly sheweth — 

That your Memorialist is informed, that the Lords Commiss rs for 
Trade and Plantations have recommended M r John Rindge of Ports- 
mouth in New-Hampshire to your Majesty as a Person qualified to 
be a Member of your Majesty's Council in the Province aforesaid. 

That your Majesty's Gov r can fully make appear, that the said 
Rindge has constantly opposed all such Measures as have been pro- 
posed & deemed necessary by the said Governour for your Majesty's 
Interest & Service in the said Province. 

That the said Rindge has joined in exhibiting a Complaint from 
the Assembly of the said Province against your Majesty's said Gov- 
ernour, in which the said Governour is loaded with general Invec- 
tives, & his Administration stiled arbitrary, partial, & oppressive, 
without specifying the least Instance of Oppression or Partiality, & 
upon the face of the Complaint it appears, that the Assembly (of 
which the said Rindge was then a Member) voted, that the Adminis- 
tration of your Majesty's said Governour was a Grievance, without 
mentioning any Particulars, and before any Remonstrance or Com- 
plaint exhibited to your Majesty, which your Memorialist humbly 
concieves was calculated to prejudice the minds of your Majesty's 
good Subjects in the said Province, & to retard and weaken the meas- 
ures of the said Governour in his Administration for your Majesty's 
Honour & Service, & by the said Vote they assumed a Right of ar- 
raigning & condemning the Conduct of your Majesty's Governour, 
which your Memorialist apprehends is a Step without Precedent, and 
tends to defeat and destroy all the Ends of your Majesty's Royal 
Commission and Instructions. 

That your Memorialist concieves it to be of the highest Importance 
to your Majesty's Service that all the Members of your Majesty's 



BOUNDARY LINE PAPERS. 433 

said Council be well affected to such Measures as the Governour (in 
whom your Majesty is graciously pleas'd to repose a special Trust 
and Confidence) may judge necessary for your Majesty's Honour and 
Interest, & especially, as your Majesty's Council are the immediate 
Balance between the Gov r & the Assembly, & your Majesty's said 
Governour is therefore specially instructed to nominate & recommend 
;such Persons, as he may deem fit, suitable, & well affected to your 
Majesty's Service, & for the same Reason by the Royal Charter to 
your Majesty's Province of the Massachusetts Bay, the Governours 
for the time being are allowed a Negative upon every Councellour of 
the Province, & in all your Majesty's other Governments the Gov rs 
are instructed and permitted to recommend fit & proper Persons to 
be of your Majesty's Councils. 

Wherefore your Memorialist most humbly prays, that your Ma- 
jesty will be graciously pleased to allow the said Gov r time to urge his 
Reasons against the said M r Rindge's appointment, especially, as the 
said Complaint (to which the said Rindge is a Party) is now depend- 
ing, and wholly undetermined ; & that your Majesty's said Gov r may 
be permitted to recommend a proper person to be of your Majesty's 
Council in the said Province agreeable to your Majesty's Royal In- 
struction to him in that behalf. 

And your Memorialist, as in strict Duty bound, will ever pray &c a 

Middle-Temple Jon a Belcher 

Febru a 9 th 1737. — 



[Petition from Boimdary Line Commissioners, 1737/8.] 
[Mss. " Town Boundaries," p. 89.] 

To His Excellency Jonathan Belcher Esqr Captain General and Com- 
mander in Chief in and over His Majesties Provinces of the Mas- 
sachusetts Bay and New Hampshire &c — 

We the subscribers two of the Nova Scotia Commissioners ap- 
pointed by His Majesty to settle the Boundary Lines between the 
said Provinces beg leave to represent to Your Excellency. — 

That the affair of the Line has detained us here so long that we 
had not a seasonable time nor opportunity all this while to return to 
our Families at Annapolis, which has put us to a very great and ex- 
traordinary Expence — 

That we wrote on this head some time ago to the Province Agents 
for some further Allowance on that account, but have not yet re- 
ceived any Answer 



434 PROVINCE OF NEW HAMPSHIRE. 

We therefore think our Selves obliged to apply to Your Excellency 
as Governour of both Provinces for some Releif for the hardships we 
have suffered by our long Attendance — 

That in Case the Government will take the same into Considera- 
tion, and make us a proper Allowance for the time past, we are still 
willing to wait here His Majesties further pleasure in relation to the 
Lines, otherwise we shall be obliged to proceed by the first opportu- 
nity to Annapolis. 

And as the Province of New Hampshire has not paid us that small 
sum, they Agreed with the Agents of this Province to give the Com- 
missioners, nor given them any hope when they will ; we beg leave 
to desire Your Excellency will be pleased to lay their Case before 
His Majesties Council and that your Excellency and they will think 
of some Expedient to Obtain for us, some reasonable Allowance for 
our tarrying here so long, and likewise the sum promised by New 
Hampshire, in which this Province can run No risque since the whole 
Charge of the Commissioners must be equally borne at last by both 
Provinces — 

We are Your Excellency's Most obedient and most humble Ser- 
vants 

Boston March I st 1737/8 Eras Ja s Phillips 

I 



Otho Hamilton 



A true Copy Exam d f) Simon Frost Dep y Sec r 



[Agent Partridge to Secretary Wiliard, 1738.] 

[Mass. Archives, Vol. 52, p. 475.] 

Secretary Wiliard 

I duely rec'd thy letter notifying my being appointed to the 
Agency of the Massachusets Bay in conjunction with Col Ouincy & 
Francis Wilks Esq r for pursuing the Appeal from the Judgment of 
the Commiss rs respecting the contested Boundaries between that 
Province & New Hampshire. — Since which I have thy favour of y e 
17 Dec r last accompanying the joint Commission and referring me to 
the Instructions to Agent Wilkes, For thy care in these Articles I 
must desire thee to accept my sincere thanks, And through thy hands 
I take the liberty of passing my gratefull Acknowledgments to the 
General Court for the Honour they have done me in a Trust of such 
Importance, 



BOUNDARY LINE PAPERS. 435 

The death of Col Quincy together with the business of Parliament 
has hitherto retarded any effectual Progress in the Appeal ; But as 
Agent Wilks and I are now concerting suitable Measures for the 
Hearing, I think it my duty to assure the Assembly of my disposi- 
tion & zealous Endeavours for their interest on this occasion, and if 
I can be of any particular advantage to thine thou mayst intirely de- 
pend on the best Services of 

The Assemblys and Thy assured Friend 

London 4 th m° (or June) 15, 1738 Rich d Partridge 



[Samuel Holden to Secretary Willard, 1738.] 
[Mass. Archives, Vol. 52, p. 476. J 

London y e 17 th June 1738 

M r Secretary 

Sir. I have y e honour of your Letter of y e 28 th Decern 1 " relating to 
y e Affair of y e Boundarys between your province & New Hampshire ; 
wherein as occasion offers, I shall gladly render you y e best services 
I am able. 

As this is an Affair of Right, & not of ffavour, I am so fully per- 
swaded of y e honour & Justice of y e Lords of his Majes* privy Coun- 
sill that I think you need not be under y e least apprehension, but 
that their determination will be according to y e strictest rules of Jus- 
tice, as it appears to them. 

But in case y e Gentl'm on y e other side should attempt to injure 
you by any fake representations; I have assured M r Wilks that upon 
notice thereof, I will endeavour to remove the prejudices that may 
arrise from them, with such of y e Lords of y e Council with whom I 
have y e honour to be accquainted. 

I truly condole with you y e loss sustained by y e death of the Hon- 
orab' Judge Quincy, & my own that I had not y e knowledge of, & a 
more intimate acquaintance with so valuable a Gentl'm : whom it 
has pleased God to remove to a better & more peaceable State. I 
am Sir 

Your most Humble & most Obed t Serv 1 

Samuel Holden 



43^ PROVINCE OF NEW HAMPSHIRE. 

^Massachusetts Agents to Secretary Willard, 1738.] 
[Mass. Archives, Vol. 52, p. 478.] 

London 6 th July 1738. 
M r Secretary Willard 

Sir. We take this Oppertunity to Acquain The Generall Court 
with our proceeding in the Affair Committed to our Care ; We have 
Carefully Examin'd all the papers & proceedings in the Case, have 
had several Meetings with our solicitor & Councill in Order to make 
them Masters of all the Circumstances and Arguments in favour of 
the Massachusets but not having had the least Encouragement that 
the Matter Could be brought on to be heard before The R* Hon ble 
Lords of the Committee before the usual time of their Adjournment 
for the latter end of the Summer, We Judg'd it would be rather a 
Damage than Advantage to proceed too far, And then have the 
whole to go over again in about the Month of October, no more 
Committee's being expected before that time. We shall prepare every 
thing Against their first Meetings in y e Fall. The General Court 
may depend upon our exerting our utmost Endeavours for their In- 
terest & Service therein as shall from time to time duly advise of our 
proceedings ; We have omitted for some time Acquainting you that 
upon examining the Papers left by Coll Quincy, We found wanting 
the withinmention'd which We expected must been in some hand 
here that he had lent them to, but upon strict enquiry can't find any 
body had 'em therefore if you can by the first Oppertunity furnish us 
w th Duplicates it may be of Service. We Apprehend the said Papers 
must have been left in New England for that it is impossible they 
should be lost here. We are with great Respects to the General 
Court 

Their Faithfull Friends & Humble Servant 

Fra Wilks 
Rich d Partridge 

The Papers Wanting which are Mention'd in a List of Papers pre- 
pared for the Agent in New England Viz 1 

N° 10. Mitchells plan 

11. S r Ferdinando Gorges patent the Original 

13. King Charles the 2 rds Letter 1683. Authenticated 

14. Ferd. Gorge Esq r Deed to L l Gov r Usher Authenticated 

15. U Gov 1 " Usher Deed to the Gov r & Comp a of Massachusets 

Authenticated. 



BOUNDARY LINE PAPERS. 437 

\_Reply to the foregoing Letter, 1738.] 
[Mass. Archives, Vol. 53, p. 11.] 

Boston Sept r 1 1738 
Gentlemen It is surprizing to us that so many papers you men- 
tion in yours of July 6 are wanting, & especially that one so impor- 
tant as that of Sir fferdinando Gorges Patent of the Province of 
main ; by Col 1 Quincey's letter, we are satisfied of his having all with 
him after his arrival & by careful inquiry, we find also that he left 
none behind him, we have sent you Copys of all, but we cannot but 
hope, that you will find them in the hands of some person he lent 
them to ; we would press you to possess as many persons as you pos- 
sibly can with a thorough knowledge of this controversy, for it is im- 
possible we should fail in it, if it be fully understood ; for our right is 
clear to mathematical demonstration to those who are fully apprized 
of this affair 

m r Thomlinson seems to incline to begin this controversy de novo, 
& not to go on to consider the Commissioners Judgment & deter- 
mine on that, this you must by no means consent, to, nor is it consis- 
tent with the Commission under the Great seal that his Majesty 
should decline giving Judgment on the appeal from this Determina- 
tion 

Herewith you have some observations on m r Thomlinsons Petition, 
it is so filled with misrepresentations, that either he must be very 
Ignorant in the circumstances of this affair or be very much carryed 
away with a wrathful & angry spirit we are inform 'd & doubt not of 
the truth of it, that m r Thomlinson gives himself great liberties about 
the Right Honble the Lords of Trade & Plantations, as being ex- 
treamly engaged for N. Hampshire we cou'nt but think much more 
Hon r ably of Persons of their Character, & should be glad you could 
find a convenient opportunity to expose m 1 ' Thomlinson's folly & 
vanity in this matter 



[Fragment in Defense of the Council, 1738.] 
[Mss. Prov. Boundaries, p. 152.] 

24 That in y e Course of y e Com rs preceedings they required a 
draft &c a that in The Course of the Gen 1 Courts proceedings they 



43^ PROVINCE OF NEW HAMPSHIRE. 

were often adjourned from Saturday to tuesday, as most agreeable to 
the Maj r part of the Members of both Houses, that yy might have a 
day at home for it is to be noted, that every Member went home a 
Saturday but by the way what was sent from the Council was sent 
down the 19 of Aug st & not y e 20 th as is Said and it is a vile false- 
hood that there was Such a Sudden adjournm 1 by a Message sent to 
the Sec ry as if the Gov r was not present, who was then Actually pres- 
ent In Coun 1 but besides all this the Council declined Acting at all 
in the affair as they well knew or at least thot what the Committee 
were ingaged in was no other than a Mockery and a mere farce who 
stated their demands without ever communicating them to the Coun- 
cil to this day, chose the officers appointed to be Chosen by the Gen 1 
Assem y , argued & replyd without any advice from the Council, spent 
the public mony and Asked for more w th out any Account of what 
was Expended save that one of 'Em swore he would pay what re- 
mained due 

25 The Mass a Agents objected that the Appeal was not y e Act of 
the Legislature & well they might since y e provision in the Com 11 
was that Either province might appeal &c a , and the Council had re- 
solved not to joyn 

26 The House of Representatives desire the Council to Act on 
what was sent up y e 20, in paragraph 24 yy Say 

[Endorsed] Rough Answer To Tomlinsons Complaint Sent the 
Gov r Sep 1 15 — 1738 



[Agent Wilks to Secretary Willard, 1738.] 
[Mass. Archives, Vol. 53, p. io.] 

London y e 18 th Sept r 1738 
M r Secretary,/ 

Sir./ I am favour'd with yours of y e 17 th of June Inclosing sundry 
Acts which I have deliver'd at the Councill Office for Confirmation, 
have also Yours by the hands of M r Jn° Tufton Mason, The Affair of 
the Line being the Chief of what is now depending my thoughts are 
tunvd that way tho' at present & for a Considerable time past there 
has been no Committee of Councill but rather an Adjournment of all 
business of that kind, in a little time the Lawyers will be in Town 
and the Lords meet to do business as usual, M r Partridge & I have 
not been negligent in forwarding the Affair as much as possible and 
getting all the information possible, nobody can be more desirous of 



BOUNDARY LINE PAPERS. 439 

obtaining a speedy & satisfactory Conclusion of the matter than We 
are, for whilst it is depending We shall be very much engaged in 
almost daily attending from one to another about it, We Apprehend 
the matter of so much Consequence to the Province also to our par- 
ticular Interests, that we shall think no trouble nor difficulty to great, 
that shall seem any ways Serviceable, The Affair of M r Masons Claim 
may be very Serviceable to the Province The Lawyers being out of 
Town we have not as yet had Oppertunity to advise about it but you 
may depend everything shall be Improved to the best Advantage. I 
have some Charge on Account of the Province seperate from the 
Affair of the Line which I cant at Present get the Account of, hope 
I shall be excused if I send it hereafter I am with all due Respect 
to the Great & General Court Sir 

Your much Obliged Humble Servant 

Fra Wilks 



{Francis Wilks to Secretary Willard, 1738.] 
[Mss. Prov. Boundaries, p. 151.] 

London 14 th Oct r 1738. — 
M r Secretary 

Sir/ This being almost the last opportunity of writing to New- 
England this year, I improve it, in case the Great & General Court 
should be sitting, tho it's only to advise, that my Lord President is 
expected in Town in few Days, when Committees of His Majesty's 
Council will meet for the Dispatch of Business. 

The Affair of the Line with New-Hampshire is as forward as pos- 
sible ; we only wait for a time of Hearing to be fixed, which hope 
won't be long first ; we have the Satisfaction to find every body hith- 
erto concern'd think the Case very strong on our side ; I hope it will 
meet an agreeable Issue, for which nothing shall be wanting in Sir 

Your Most Obedient Servant 

Fra. Wilks 



44° PROVINCE OF NEW HAMPSHIRE. 

[Francis Wilks to Speaker of Massachusetts House, 1738.] 
[Mass. Archives, Vol. 53, p. 18.] 

M r Speaker 

S r This Serves only to Inclose you Copy of a Petition sign'd by 
M r Partridge & Myself to his Majesty in Councill relateing to the 
affaire of the bounds w th New Hampshire I hope the Matter will 
soon Come to a hearing being fully Prepared I am w th great Re- 
spect S r 

Y r Most Obed Serv 1 

Lond" Oct" 17. 1738 Fra Wilks 



[Petition of Massachusetts Agents to King, Oct., 1738.] 

[Mass. Archives, Vol. 6, pp. 25-31 ; and N. H. Mss. Prov. Bounda- 
ries, pp. 142-149.] 

To the Kings most Excellent Majesty in Councill 

The humble Petition of Francis Wilks and Richard Partridge of 
London Merchants Agents for your Majesties Province of the Massa- 
chusetts Bay in New England for prosecuting the Appeal of the said 
Province from the Determination of the Courts of Commissioners for 
Settleing the Boundaries between the said Province and that of New 
Hampshire Sheweth — 

That your Majesty by your Royal Commission bearing date the 
9 th of April 1737. reciting that your Ma'tie had been informed that a 
dispute had been long Subsisting between your Provinces of the 
Massachusetts Bay and new Hampshire in America relating to their 
respective Boundaries was pleased to Constitute and Appoint certain 
persons therein named or any five of them to be your Commissioners 
for Settling Adjusting and Determining the respective Boundaries of 
your Said Provinces of the Massachusetts Bay and New Hampshire 
in dispute as aforesaid — And the Said Commissioners were thereby 
required to hold their first meeting at Hampton in New Hampshire 
on the I st of August 1737. And then to Adjourn to Such times and 
places as they Should See proper. 

With directions that in Case either of the said Provinces Should 
neglect to Send to the Commissioners at their first meeting the 
names and places of Abode of two of their publick Officers residing 



BOUNDARY LINE PAPERS. 44I 

in their respective Provinces on either of whom or at whose place of 
Abode Any Notices Sum oils or final Judgment of the Said Commis- 
sioners might be Served or left And in Case either of the said Prov- 
inces Should also Neglect to Send to the Said Commissioners at their 
first meeting a plain and full State of demands or pretensions in writ- 
ing describing where and in what places the Boundaries on the South- 
ern and Northern part of New Hampshire ought to begin and what 
Courses and how farr the Same ought to run respectively to the End 
that Copies thereof might be mutually Exchanged in order to prevent 
any unnecessary delay And that each party might come fully pre- 
pared That then the Said Commissioners were in either of these 
Cases to proceed Exparte 

And all proper and Necessary directions and powers were given 
And Contained in the Said Commission for choosing of Officers, Ad- 
ministring Oaths Examining witnesses And reducing their Evidence 
in writing 

And it was thereby Ordered And Directed That Entrys Should be 
made of all Papers Evidences Deeds Charters and proofs received by 
the said Comissioners in this Affair and of all their proceedings and 
resolutions thro' out the Same And that Plans or Drafts of Such 
Boundary Lines as Should be agreed upon by the Said Commission- 
ers Should be Annexed thereto And made part thereof. 

And your Majesty was thereby pleased to Declare your will & 
pleasure 

That when the Commissioners Should have made their final Deter- 
mination And Signed the Same a Copy thereof Should be Sent to 
Such publick Officer or Officers in each respective Province as be- 
fore mentioned as likewise Notice of another meeting to be held by 
the Commissioners at a distance of time not less than Six weeks or 
more than three Months at which meeting either of the Said Prov- 
inces who Should find themselves Aggrieved might Enter their Ap- 
peal to your Majesty in your Privy Council with a Declaration what 
parts of the Determination of the said Commissioners they did Abide 
by or Appeal from But if neither of the Said Provinces Should Enter 
their Appeal or Exception against the Determination of the Said 
Commissioners at Such last Meeting Then and in Such Case no Ap- 
peal or Exception Should be afterwards received or Admitted And 
Such Determination of the Said Commissioners being Confirmed 
by your Majesty Should be final and Conclusive to both the Said 
Provinces 

That the Said Commissioners mett at the time and place Appointed 
by the Said Commission and were Attended by Committees Ap- 
pointed by each Province who laid a State of the Claims and Demands 
of each Province before the Commissioners 

29 



44 2 PROVINCE OF NEW HAMPSHIRE. 

That the Committee Appointed on behalf of the Massachusetts 
Bay amongst other things produced before the Said Commissioners 
an Authentick Copy of A Plan Entituled "A Plan filed in the Secre- 
tarys Office of New Hampshire — Endorsed — Province Bounds 
returned the 23 d of May 1696 : W m Redford D : Secretary And Cer- 
tifyed by Richard Waldron Secretary — And which was a Plan of 
the Boundaries of New Hampshire which had been run by order of 
the then Governor and Councill of that Province from the Atlantick 
Ocean 3 miles Northward of Merrimack River following the Course 
of the River And which Plan they caused to be filed amongst their 
publick Records, but which tho So very materiall to be taken into 
the Consideration of the Commissioners they were pleased to reject 
And refused to make the Same part of the Case whereupon the Said 
Massachusets Company moved they might have liberty to protest 
against the Courts not receiving the Same which they were allowed 
to do. 

That the Said Massachusets Committee after the whole pleadings 
were gone through on both Sides Delivered in An Exception against 
this Denyal of the Said Commissioners to receive and Admitt the 
Said Plan as Erroneous and praying that the Said Province of the 
Massachusetts Bay might when the Affair Should come before your 
Ma'tie have all benefit And Advantage of So materiall A part of their 
Evidence which Exception was received And Admitted by the Court 
And Entree! as part of the Case And your Petitioners for and on the 
behalf of the Said Province hereby most humbly pray to have the 
benefit of the Said Exception And Also of all other Exceptions and 
Objections made by the Said Massachusetts Committee All which 
Appear on the proceedings on the Appeal of the Said Province from 
the Judgment or Determination of the Said Commissioners And that 
they may be then at liberty to read the Said Plan for and on behalf 
of the said Province 

That the Said Commissioners on the 2 d of September 1737. Deliv- 
ered their Judgment or Determination in the presence of the Com- 
mittees of each Province whereby they State that in pursuance of 
your Ma'ties Said Commission they had taken under Consideration 
the Evidences Pleas and Allegations offered and made by each party 
and upon Mature Advisement on the whole a doubt arose in point of 
Law And that they had thereupon come to the following Resolution 
Viz 1 

That If the Charter of King William and Queen Mary Grants to 
the Province of the Massachusetts Bay All the Lands which were 
granted by the Charter of King Charles the first dated the 4 th of 
March in the fourth Year of his Reign to the late Colony of the 



BOUNDARY LINE PAPERS. 443 

Massachusetts Bay lying to the northward of Merrymack River Then 
they Adjudged and Determined that a Line Should run parallel with 
the said River at the distance of three English Miles North from the 
Mouth of the Said River begining at the Southerly Side of the Black 
Rocks So called at low water mark and from thence to run to the 
Crotch or parting of the Said River where the Rivers of Pemigewas- 
sett and Winnipesiokee meet and from thence due North three Eng- 
lish Miles and from thence due west towards the South Sea untill it 
meets with your Ma'ties other Governments which Should be the 
Boundary or dividing Line Between the Said Provinces of the Mas- 
sachusetts Bay and New Hampshire on that Side But if otherwise 
then they Adjudged and Determined that a Line on the Southerly 
Side of New Hampshire begining at the distance of three English 
Miles north from the Southerly Side of the Black Rocks aforesaid at 
low water mark and from thence riming due west up into the Main 
Land towards the South Sea until it meets with your Ma'ties other 
Governments Should be the Boundary Line Between the Said Prov- 
inces on the Side aforesaid — which point in doubt with the Commis- 
sioners as aforesaid they Submitted to the wise Consideration of 
your most Sacred Ma'tie in your privy Council for your Royal Deter- 
mination therein 

And as to the Northern Boundary between the Said Provinces the 
Court Resolved and determined That the dividing Line Should pass 
up through the Mouth of Piscataqua Harbour and up the Middle of 
the River into the River of Newichwannock (part of which is now 
called Salmon Falls) and through the middle of the Same to the fur- 
thest head thereof and from thence North two Degrees westerly un- 
til 120 Miles be finished from the Mouth of Piscataqua Harbour afore- 
said or untill it meets with his Ma'ties other Governments And that 
the Dividing Line Should part the Isles of Shoals and run through 
the middle of the Harbour between the Islands to the Sea on the 
Southerly Side and that the Southwesterly part of the Said Islands 
Should lye in and be Accounted part of the Province of New Hamp- 
shire And that the North Easterly part thereof Should lye in And 
be Accounted of the Province of the Massachusets Bay and be held 
and Enjoyed by the Said Provinces respectively in the Same Manner 
as they now doe and have heretofore held and Enjoyed the Same 

And the Court further Adjudged that the Costs and Charges aris- 
ing by taking out the Commission as also of the Commissioners and 
their Officers and of their two Clerks Surveyors and Waiter for their 
travelling Expences And Attendance in the Execution of the Same 
Should be Equally born by the Said Provinces 

That after the pronouncing the Said Judgment the Court Ad- 
journed to the 14 th of October then next in order to receive Any Ex- 



444 PROVINCE OF NEW HAMPSHIRE. 

ception or Appeal which either or both parties might have to the 
Said Judgment 

That on the Said 14 th of October The General Court of the Mas- 
sachusetts Bay drew up and Agreed on their Appeal from and Ex- 
ception to this Determination of the Said Commissioners and also 
named And Appointed a Committee to lay the Same before the Said 
Commissioners in order to its being received and Entred on their 
Records And on the Same day the Said Committee of the Massachu- 
setts Bay presented to the Commissioners their Said Order of their 
General Court and likewise the said Appeal and Exception 

That this Appeal was Addressed to your Ma'tie in your Privy 
Council and was the Appeal and Exception of the Province of the 
Massachusets Bay and was duly presented to the Commissioners by 
a Committee duly Appointed for that purpose by the General Court 
of the Said Province in pursuance of and Agreeable to the directions 
of the said Commission And which Appeal is now depending before 
your Ma'tie in Council 

That the Province of New Hampshire did not deliver into the Said 
Commissioners Any Appeal from or Exception to their Said Deter- 
mination nor Appoint or Authorize Any persons to Attend the Said 
Commissioners in relation to the Said Determination. 

But your Petitioners humbly Shew unto your Ma'tie that the 
Same Gentlemen who were the Committee who Attended the 
Commissioners on the behalf of New Hampshire previous to the 
Said Determination Attended the Said Commissioners on the Said 
14 th of October and produced a Vote of the House of Representa- 
tives of New Hampshire Setting forth in what parts of the Said 
Judgment of the Commissioners the Province of New Hampshire 
was Aggrieved and Excepted Against — To which Vote the Com- 
mittee of the Province of the Massachusetts Bay Objected and 
took Exception for that it was only A Vote of one part of the 
Legislature which did not represent the whole Province whereas 
by the Said Commission no Exception to or Appeal from the De- 
termination of the Commissioners could be taken but by the whole 
Legislature which was the Province And the Said Vote mentioning 
that the Assembly having been prorogued to the 13 th day of October 
the clay before the Commissioners by Adjournment were to meet in 
order to receive the Appeal of either Province The Province had not 
time to be prepared with their Appeal but that your Ma'tie might 
not think that House Satisfyed with all parts of the Said Judgment 
they Voted that his Ma'ties Province thought themselves Aggrieved 
by the s d Judgment in the particulars therein Specifyed — The Com- 
missioners to Obviate this Objection for want of time after having 






BOUNDARY LINE PAPERS. 445 

heard both Sides touching the receiving or rejecting this Vote con- 
tinued the Matter for Consideration till their next meeting And or- 
dered their Clerk to Inform the New Hampshire Committee there- 
with and that as the General Court of new Hampshire was then 
Sitting the Said Committee might Apply to the Governour and Coun- 
cil for their Concurrence with the Said Vote — And then the Court 
Adjourned to the 17 th of the Said October in the Afternoon And the 
new Hampshire Committee not being returned on the 17 th from the 
General Court the Commissioners Adjourned to the next day the 
18 th of October 

That on the 18 th of October the New Hampshire Committee At- 
tended the Commissioners but without the Concurrence of the Coun- 
cill of the Said Province to the Said Vote the Council being of Op- 
pinion that the Determination of the Commissioners was right And 
that they ought to Acquiesce therein without Any Appeal on their 
part and Submitt the Matter as it then Stood to your' Ma'ties Royal 
Pleasure 

That notwithstanding the Council thus refused to Concurr with the 
House of Representatives in the Said Vote yet the Said Commission- 
ers on the Said 18 th of October 1737. Agreed and Determined that 
the Said Vote Should be received and made part of the Records of 
the Court and they Received the Same Accordingly — Upon which 
the Massachusetts Company moved that they might have liberty to 
enter their Protest in writing against the Same which the Court Al- 
lowed them to do the next Morning to which time the Court Ad- 
journed 

That accordingly the Massachusets Committee the next day being 
the 19 th October Appeared and for and on behalf of the Province of 
the Massachusets Bay delivered in a writing whereby they Excepted 
and protested against the Courts receiving and Entring in the Min- 
utes or Records of the Courts the Said Vote of the house of Repre- 
sentatives of New Hampshire which had been delivered 'em by A 
Committee without the Appearance of Any power or Authority for 
the Same from the Province for the following reasons. 

I st — Because the Commissioners were not by their Commission 
enabled or Allowed to receive anything to be made part of the Case 
after Judgment but only the Appeal of either Province — And the 
Said Vote was the Act of one part of the Legislature only and not of 
the whole Legislature which is the Province — And therefore No 
Such Vote could be received especially when the Council of the Prov- 
ince had in direct opposition thereto Voted that it was not for the 
Interest of the Province of new Hampshire to Appeal from the said 
Judgment but to Submitt the matter as it then Stood to your Ma'ties 
Royal Pleasure 



44-6 PROVINCE OF NEW HAMPSHIRE. 

2 dly — For that the reason Assigned for offering the Said Vote was 
entirely groundless there having been full Opportunity for Severall 
days in which the Governor had Continued the whole Generall Court 
Sitting And Yet the said Vote had never been So much as laid be- 
fore either of the other Branches of the General Court even for their 
Consideration — 

3 d1 ? -For that if the said Vote had been the Act of the whole Gen- 
eral Court of New Hampshire it must have been Exhibitted by Such 
as were Authorized And Appointed for that purpose whereas those 
who presented the Said Vote were neither Authorized nor directed 
by the Said General Court to present the Same So that the Province 
of the Massachusetts insisted the said Vote was not the Act of the 
Province neither wer